NY Arts & Cult Aff L § 21.09 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title E - New York State Cultural Resources Act Article 21 - Trust for Cultural Resources of the City of New York 21.09 - Special Provisions Relating to the Acquisition of Real Property.

§ 21.09. Special  provisions  relating  to  the  acquisition  of  real   property.  1. Subject to subdivision two of this section, the trust  may   acquire  real property by condemnation pursuant to the provisions of the   eminent domain procedure law where not inconsistent with  this  article.   Prior  to  the  commencement of any condemnation proceedings pursuant to   this section, the trust shall cause a survey and map of the property  to   be  condemned  to  be  made  and  filed  in its office and to be annexed   thereto a certificate, executed by such officer or employee as the trust   may designate, stating that the acquisition of the property described in   such survey and map has been determined by the  unanimous  vote  of  its   board  of  trustees to be necessary for the fulfillment of its corporate   purposes. All condemnation proceedings brought by the trust pursuant  to   this section shall be brought in supreme court, New York county, and the   compensation  to be paid shall be determined by the court without a jury   and without the appointment of commissioners.  The  court  shall  decree   that  title  to  any  real  property subject to condemnation proceedings   brought pursuant to this section shall vest in the trust upon the  entry   and  filing of an order of immediate possession, granted pursuant to the   provisions of the eminent domain procedure law  and  providing  for  the   deposit  required  by  such  section; provided that the trust shall have   first complied with chapter one thousand one hundred  sixty-one  of  the   laws  of  nineteen  hundred  seventy-one and the deposit or payment made   thereunder shall be credited against the deposit required under  eminent   domain  procedure  law.  No  award of compensation shall be increased by   reason of any increase in the value  of  real  property  caused  by  the   actual  or  proposed acquisition, use, development or disposition by the   trust of any other real property.2. The trust shall have the power to acquire by condemnation only  the   real property described as follows:Any  real  property  situate,  lying  and  being  in  the  Borough  of   Manhattan, City, County and State of New York, bounded and described  as   follows:BEGINNING  at a point on the northerly side of 53rd Street distant 306   feet 9 inches easterly from the corner formed by the intersection of the   northerly side of 53rd Street and the easterly side  of  Avenue  of  the   Americas  (formerly  Sixth  Avenue);  running thence northerly, parallel   with Avenue of the Americas, 100 feet 5 inches to the center line of the   block between 53rd and 54th Streets;   thence easterly, along said center line of the block, 78 feet 3 inches;   thence southerly, again parallel with Avenue of the Americas, 100 feet 5   inches to the northerly side of 53rd Street; and   thence westerly along the northerly side  of  53rd  Street,  78  feet  3   inches to the point or place of Beginning.3.  All  real  property,  other  than  the  real property described in   subdivision two of this section, in or on which all or  any  part  of  a   combined-use  facility  is or is designed to be developed (i) shall have   been owned in fee by a participating cultural institution for  a  period   of at least five years prior to the date on which the trust first enters   into  an  agreement  for the development of such facility; or (ii) shall   have been owned by the city prior to the date on which the  trust  or  a   participating  cultural  institution  first enters into an agreement for   the development of such facility; or (iii) the proposed use of such real   property for all or any part of the combined use facility  developed  or   designed  to be developed on such real property shall have been approved   by the mayor by written  instrument  delivered  to  the  trust  and  the   participating  cultural  institution;  or  (iv) with respect to a public   television station with respect to which a trust  entered  an  agreement   prior to January first, nineteen hundred ninety such real property shall    exceed  one  hundred  thousand  square feet in area, and shall have been   owned or leased by such public television station for  a  period  of  at   least  five years prior to the date on which the trust first enters into   an  agreement  for  the  development  of a combined-use facility or such   public television facility or makes a loan to such station.