NY Pub Auth L § 1007 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 1 - Power Authority of the State of New York 1007 - Acquisition of Property.

§  1007.  Acquisition  of  property.  If,  for  any  of  the  purposes   hereunder, including temporary construction purposes and the  making  of   additions  or  improvements,  the  authority  shall find it necessary or   convenient for it to  acquire  any  real  property  as  herein  defined,   whether  for  immediate  or  future use, then the authority may find and   determine that such property is required for a public use, and upon such   due determination, such property shall be and  shall  be  deemed  to  be   required for such public use until otherwise determined by the authority   and   with   the   exceptions   hereinafter   specifically   noted  such   determination of fact shall not  be  affected  by  the  fact  that  such   property has theretofore been taken for, or is then devoted to, a public   use;  but  the  public  use  in  the  hands  or under the control of the   authority shall be deemed superior to the public use in the hands of any   other person, association or corporation. If the authority is unable  to   agree  for the acquirement of any such property, or if the owner thereof   shall be incapable of disposing of  the  same,  or  if,  after  diligent   search  and  inquiry, the name and residence of any such owner cannot be   ascertained, or if any such property has been acquired or  attempted  to   be  acquired  and  title  or  other rights therein have been found to be   invalid or  defective,  the  authority  may  acquire  such  property  by   condemnation under and pursuant to the provisions of this title.1.  When  any real property within this state is sought to be acquired   by condemnation, the authority shall cause a survey and map to  be  made   thereof,  and shall cause such survey and map to be filed in its office.   There shall be annexed to such survey and map a certificate executed  by   the  chief  engineer  of  the  authority,  or  by  such other officer or   employee as may be designated by the trustees, stating that the property   or interest therein described in such survey and map are  necessary  for   its purposes.2.  Upon  filing  such  survey  and map the authority shall petition a   special term of the supreme court held in the judicial district in which   the property is located, or the county court of any  county  where  such   property  is  located, for the condemnation of such property or interest   therein, as have not been otherwise acquired.  Such  petition  shall  be   generally  in  the  form  prescribed by section four of the condemnation   law, so far as consistent  herewith.  Such  petition,  together  with  a   notice  of  pendency  of the proceeding, shall be filed in the office of   the county clerk of such county and shall be  indexed  and  recorded  as   provided  by  law. A copy of such petition together with a notice of the   presentation thereof to such special term of the supreme court or to the   county court shall be served upon the owners  as  provided  in  sections   five  and  six  of  the  condemnation  law.  The  authority  may cause a   duplicate original affidavit of the service thereof to  be  recorded  in   the  books used for recording deeds in the office of the county clerk of   the county wherein the property described in such  notice  is  situated,   and the recording of such affidavit shall be prima facie evidence of due   service thereof.3. At any time after the recording of the petition and notice as above   provided the authority may enter upon and use and occupy all the parcels   of  real  estate  described  in  the  proceedings  for  the condemnation   thereof, provided that it shall first deposit with the court a sum equal   to the assessed valuation of such real property, or in  the  event  that   the  assessed  valuation thereof cannot readily be ascertained, such sum   as in its judgment shall be sufficient  as  compensation  for  the  real   property  acquired. The sum so deposited shall be applied as provided in   section twenty-four of the condemnation law. Upon the recording  of  the   petition  and  notice and the making of the deposit, the owner or person   in possession of such real property shall deliver possession thereof  to    the  authority upon demand, and in case possession is not delivered when   demanded, or demand is not convenient because of absence of the owner or   inability to locate or determine the owner, the authority may  apply  to   the  court  without  notice for an order requiring the sheriff to put it   into possession of such real property. Such an order must be executed as   if it were an execution for  the  delivery  of  the  possession  of  the   property.4. The proceedings thereafter shall be in the manner prescribed by the   condemnation law so far as consistent herewith.5.   The  commissioners  appointed  to  ascertain  and  determine  the   compensation which ought justly to be made to the owners of property  or   interests  therein  appraised by them as provided in section thirteen of   the condemnation law shall make their report of the value thereof to the   supreme  court  within  one  hundred  days  from  the  date   of   their   qualification.6. The persons or corporations whose property shall have been taken by   condemnation  and who shall have agreed upon the compensation to be paid   therefor in settlement of  the  proceeding,  or  to  whom  an  award  of   compensation  shall  have  been  made by the court, shall be entitled to   payment of the agreed or  awarded  compensation  within  three  calendar   months  after  the  date  of  the  agreement  upon  the  amount  of  the   compensation or of the entry of the order confirming the report  of  the   commissioners  of  appraisal,  together with interest upon the amount of   such compensation from the time of the entry and  appropriation  thereof   by  the authority, to the date of payment of such compensation; but such   interest shall cease upon the service by the authority, upon the  person   or  corporation  entitled  thereto,  of  a fifteen days' notice that the   authority is ready and willing to pay the amount  of  such  compensation   upon  the  presentation of proper proofs and vouchers. Such notice shall   be served personally or by registered mail and  publication  thereof  at   least  once  a  week  for  three  successive weeks in a daily newspaper,   having a general circulation in the county where such  property  or  any   part thereof is located.7. The authority may, at its option, acquire such real property within   the  state  of  New  York, under the general condemnation law or, in the   event it is a licensee of the federal power commission  it  may  acquire   such real property as is necessary for its purposes through the exercise   of  the right of eminent domain as provided in section twenty-one of the   federal power act, as amended.8. The authority and its duly  authorized  agents  and  employees  may   enter  upon  any  real property for the purpose of making the surveys or   maps  mentioned  in  this  section,  or  for  such  other   surveys   or   examinations  of real property as may be necessary or convenient for the   purposes of this title.9. The term "real property" as  used  in  this  title  is  defined  to   include  lands,  structures, franchises and interests in land, including   lands under water and riparian rights, and any and all other things  and   rights  usually included within the said term, and includes also any and   all interests in such property less than full title, such as  easements,   rights  of  way,  uses,  leases,  licenses  and  all  other  incorporeal   hereditaments and every estate, interest or right, legal  or  equitable,   including  terms  for  years  and  liens  thereon  by  way of judgments,   mortgages or otherwise, and also all claims for damages  for  such  real   estate.10.  The  authority  may  determine  what  real property is reasonably   necessary for the construction or operation of any project authorized by   this  title  including  transmission  facilities.  If  funds  are   made   available  by  the  authority  to  the state for payment of the cost and    expense of the acquisition thereof, the commissioner of  transportation,   when requested by the authority, shall acquire such real property in the   name  of  the  state  by  appropriation and, where necessary, remove the   owner  or  occupant  thereof  and  obtain  possession,  according to the   procedure provided by section thirty of the highway law, insofar as  the   same  may  be  applicable. The authority shall have the right to possess   and use for its corporate purposes, so long as its  corporate  existence   shall  continue,  all  such real property and rights in real property so   acquired.Claims for the value  of  the  property  appropriated  and  for  legal   damages   caused  by  any  such  appropriation  shall  be  adjusted  and   determined by the commissioner with the approval of the authority, or by   the court of claims as provided in said section thirty. When a claim has   been filed with the court of claims, the claimant shall cause a copy  of   such  claim to be served upon the authority and the authority shall have   the right to be represented and heard before said court. All awards  and   judgements  arising  from such claims shall be paid out of moneys of the   authority.The authority may determine whether any property appropriated pursuant   to this section,  while  under  its  jurisdiction,  should  be  sold  or   exchanged  in whole or in part, on terms beneficial to the state and the   authority, and in all cases where such  a  determination  is  made,  the   authority  may sell or exchange such property. Where the authority finds   it practicable and reasonable, the former owner, from whom the  property   was  appropriated,  his heirs, successors in interest and assigns, shall   be given the first opportunity to purchase such  property  at  its  fair   market  value.  In  order to carry any such sale or exchange into effect   the authority is hereby authorized to execute and deliver in the name of   the people of the state a quit claim of such property. Money proceeds of   any such sale shall be retained by  the  authority.  Title  to  property   received  upon such exchange shall be acquired in the name of the state,   and the authority shall have the  same  rights  of  occupation  and  use   thereof and shall be vested with the same rights with respect thereto as   is  provided  in  this  section  and in section one thousand eight as to   property of the state. Where  property  appropriated  pursuant  to  this   section   is   required   by   the  Saint  Lawrence  Seaway  Development   Corporation, created pursuant to public law three hundred fifty-eight of   the 83rd Congress, or  any  successor  corporation,  the  authority  may   convey  such property to such corporation, and, if the license issued to   the authority by the federal power commission  shall  so  require,  such   conveyance may be made without consideration.The  attorney general is hereby authorized and empowered to certify to   such Saint Lawrence Seaway Development Corporation, the right, title  or   interest  vested  in  the name of the people of the state of New York in   and to property appropriated pursuant to this section and proposed to be   conveyed to  such  Saint  Lawrence  Seaway  Development  Corporation  as   hereinbefore provided.