NY Mun Hsg Auth L § 70 (2021)
2021 New York Laws MHA - Municipal Housing Authority (Article 5 of the former State Housing Law) Article 5 - Municipal Housing Authorities 70 - Eminent Domain.

* §  70.  Eminent  domain.  1.  The  power  of  eminent  domain may be exercised by or  for  an  authority  after  the  adoption  by  it  of  a resolution  declaring  that  the  acquisition  of the property described therein is in the public interest and necessary for the public  use  and that such property is included in an approved project.   2.  The authority may exercise the power of eminent domain pursuant to the provisions of the condemnation law with such modifications as are in this subdivision two provided.  A  certified  copy  of  the  authority's resolution  shall  be  conclusive  evidence  as to the matters contained therein in any proceeding under the  condemnation  law  to  acquire  the property   or  any  part  thereof  described  in  such  resolution.  The proceeding shall be instituted by the presentation of a petition by  the authority  to  the  supreme  court  pursuant  to  section  four  of  the condemnation law. The petition shall, in lieu of the statements required by subdivision one of section four of said law, set forth  the  name  of the  authority  and the time and place of the filing of its certificate, and shall in addition to the matters  required  by  said  section  four, state  the amount or valuation at which each parcel of the real property to be acquired has been assessed for purposes of  taxation  on  the  tax rolls of the municipality for each of the three years preceding the date of the petition, which assessed valuation in case only part of an entire plot  in  a  single  ownership  is  to  be  acquired  shall be pro-rated according to the area of the part so to be acquired.   Where it appears to the satisfaction of the court, at any stage of the proceedings, upon  the  petition  of  the  authority,  that  the  public interest will be prejudiced by delay, the court may after such notice to the  parties  in  interest  as  it may prescribe, which notice, however, shall not be less than eight  days  and  may  be  by  posting  upon  the property  or by publication in such paper or papers at such times as the court may require, order  that  the  authority  be  permitted  to  enter immediately  upon  the  real  property described in the petition, or any part thereof, and to demolish any structures  located  thereon,  and  to proceed  with  the  construction of the project thereon, upon depositing with the court a sum of money or in lieu thereof, bonds  or  obligations of  the  state  or the United States of equivalent or greater value, not less than the last assessed valuation of the property, which  the  court shall find to be sufficient for the protection of the persons who may be entitled  to  the  award.  Such deposit or the proceeds thereof shall be applied, so far as it may be necessary for that purpose, to the  payment of  any  award  that  may  be  made,  with  interest  thereon, costs and expenses, and the residue, if any, shall be returned to the authority.   An authority may petition the municipality  to  institute  proceedings under  its  charter  or  other law, to acquire property described in the petition which the  authority  has  certified  to  be  necessary  for  a project. The resolution granting the petition shall set forth the amount to  be paid by the authority to the municipality for such property or in lieu thereof that the authority shall pay to the municipality  all  sums expended  or  required  to  be  expended  by  the  municipality  in  the acquisition thereof, and the time of  payment  and  manner  of  securing payment  thereof,  and  may require that the municipality shall receive, before proceeding with the acquisition of such property, such assurances as to payment or reimbursement by the  authority  or  otherwise  as  the municipality may deem advisable. Upon the passage of a resolution by the municipality  granting  the  petition,  the  authority  shall  cause two surveys or maps of the property described in the petition to be made one of which shall be filed in the office of the authority and the other  in the  office  in  which instruments affecting real property in the county are recorded. The filing of such surveys or  maps  shall  be  conclusive  evidence  of the acceptance by the authority of the terms and conditions of such resolution. The municipality may proceed under any provision  of its charter or other law applicable to the condemnation of real property for public improvements. When title to the property shall have vested in the  municipality,  it  shall  convey  the  same  to the authority upon payment by the authority of the sums and  the  giving  of  the  security required by the resolution granting the petition. As soon as title shall have   vested   in   the  municipality,  the  authority  may,  upon  the authorization of the mayor or county executive,  as  the  case  may  be, enter  upon  the  property  taken and carry out the terms of the project with  respect  thereto.  Whenever  in  connection  with  eminent  domain proceedings,  requirement  is  made in any city charter or other law for the  performance  of  an  act  by  a  department  or  officer   of   the municipality,  it  shall be regarded for the purposes of this section as compliance therewith if  with  the  approval  of  the  mayor  or  county executive such act is performed by the authority or by persons specially designated by it.   4.  In  the  case  of  a  federal project, the authority may, with the approval of the mayor or county executive, as the case may  be,  request the  federal  government to acquire by eminent domain property which the authority has certified to be necessary for the project.   5. In any proceedings for the assessment of compensation  and  damages for  property  taken  or  to  be  taken  by  eminent domain by or for an authority, the following provisions shall be applicable:  (a) Evidence of the price and other terms upon any sale  or  the  rent reserved  and  other  terms upon any lease or tenancy relating to any of the property taken or to be taken or to  any  similar  property  in  the vicinity when the sale or leasing occurred or the tenancy existed within a   reasonable   time  of  the  trial  shall  be  admissible  on  direct examination. At any stage of the proceeding, the court or  tribunal  may require  such  prior  notice  to  be  given of an intention to introduce evidence as to the sale, leasing or tenancy of property other  than  the property directly involved in the proceeding and of particulars relating thereto as it may deem necessary to prevent surprise.  (b) The deposition of any person, whether or not a party, may be taken pursuant  to article twenty-nine of the civil practice act, the rules of civil practice and the provisions of this section. Such  deposition  may be  taken  upon  any  question or issue in the proceeding, including the facts as to any sale, lease or tenancy admissible in  evidence  pursuant to this subdivision five. The deposition may be taken at the instance of the  authority  or of any owner or at the direction of the court, at any time during the pendency of the action  or  proceeding.  At  least  five days'  notice,  or if service is through the mails, at least eight days' notice, shall be given of the taking of the testimony, if on the part of an owner, to the authority and to all other owners who have appeared  in the  proceeding; if by the authority, to all owners who have appeared in the proceeding.  (c) Any time during the pendency of such  action  or  proceedings,  an authority  or  an owner may apply to the court for an order directing an owner or the authority, as the case may be, to show  cause  why  further proceedings  should  not  be  expedited,  and  the  court  may upon such application make an order requiring that the hearings proceed  and  that any other steps be taken with all possible expedition.  (d)  For the purposes of this article, the award of compensation shall not be increased by reason of any increase in the value of the  property caused  by  the  clearance,  reconstruction  or  proposed  clearance  or reconstruction under this article of the property  or  of  the  area  in which  the  property  is  situated.  No  allowance  shall  be  made  for  improvements begun on  property  after  notice  to  the  owner  of  such property of the institution of the proceedings to condemn such property.  (e)  Evidence  shall be admissible bearing upon the unsanitary, unsafe or substandard condition of the premises, or the illegal use thereof, or the enhancement of rentals resulting from such  illegal  use,  and  such evidence  may  be  considered  in  fixing  the  compensation to be paid, notwithstanding that no steps to remedy or abate  such  conditions  have been  taken  by  the  department  or  officers having jurisdiction. If a violation order is on file against the premises in any such  department, it  shall  constitute  prima  facie  evidence  of  the  existence of the condition specified in such order.  (f) If any of the property included within the project is devoted to a public use, it may nevertheless be acquired provided  that  no  property belonging  to  the  municipality  or  to  any government may be acquired without its consent, and no  property  belonging  to  a  public  utility corporation  may  be  acquired without the approval of the commission or other officer or tribunal having regulatory power over such corporation.  (g) The term "owner," as used in this section, shall include a  person having an estate, interest or easement in the property to be acquired or a lien, charge or encumbrance thereon.    * NB  The  text  of  Article  5 of the former State Housing Law (cited herein as the "Municipal Housing  Authorities  Law"),  as  such  article existed  immediately  prior  to  its  repeal  pursuant to section 227 of Chapter 808 of the Laws of 1939, is provided here for ease of  reference and  historical purposes as such text continues to be applicable for the New York City Housing Authority pursuant to the  provisions  of  section 401 of the current Public Housing Law.