NY Env Conserv L § 15-2111 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 21 - River Regulation by Storage Reservoirs 15-2111 - Acquisition of Real Estate.

§ 15-2111. Acquisition of real estate.1.  The  board  on  behalf  of  such  district  shall,  subject to the   limitations herein contained, have the right to condemn for the  use  of   the district any real estate which is determined to be necessary for the   purpose  of  carrying  out  any  of  the  provisions of title 21 of this   article. It may acquire title to such real estate by agreement with  the   owner thereof and upon payment therefor of the amount of compensation to   be paid such owner.2.  Lands  of  the  state  outside of the forest preserve, not used by   canals of the state, may be used for the purposes of title  21  of  this   article.   Not exceeding three per centum of the lands of the state, not   owned or hereafter acquired, constituting the  forest  preserve  as  now   fixed  by  law,  may  be  used  for  the construction and maintenance of   reservoirs for the purpose of title 21 of this article.3. If any real estate belonging to any county, city, town, village  or   school  district  is  required  for  the  purposes  of  title 21 of this   article, the county legislative body for  such  county,  the  mayor  and   common  council or governing body for such city, the town board for such   town, the village board for such  village,  the  trustees  or  board  of   education of any school district for such district, or any persons, body   or  bodies,  having a like power, acting for such public corporation may   grant or surrender such real estate for  such  compensation  as  may  be   agreed  upon  by  such  official  representatives  and  the  board.  The   compensation agreed upon as thus provided shall be paid  to  the  fiscal   officer  of  the  public  corporation or the person or persons from whom   such real estate is acquired.4. Title to any such real estate owned by any  infant  or  incompetent   person  may  be  acquired  on  behalf of the board in the same manner as   provided by law with respect to the sale,  mortgage  or  lease  of  real   property  of  such  infant  or incompetent person upon such terms as the   Supreme Court or the County Court of  the  county  in  which  such  real   estate  is  situated  may  provide, and for such purpose jurisdiction is   hereby conferred upon such courts.5. If the board cannot agree with the owners upon the compensation and   damages to be paid for the real estate  so  taken,  it  shall  thereupon   serve  upon  such  owners a notice as hereinafter provided that the real   estate described therein has been acquired by the board for the purposes   of title 21 of this article, and shall proceed to acquire title  thereto   under the provisions of the eminent domain procedure law.6.  If  any  real  property,  owned by a corporation having by law the   power to exercise the right  of  eminent  domain,  is  taken  under  the   eminent  domain  procedure  law,  the board shall have no right to enter   upon and take possession of any such real estate until the owner thereof   shall have been paid or tendered the amount due under  the  final  order   and judgment in such proceedings with interest.7.  If any such payments are made directly by the board, the amount so   paid shall be refunded to the board out of  the  general  funds  of  the   district as provided in subdivision 7 of section 15-2119.8.  Title  to  all  real estate acquired pursuant to the provisions of   title 21 of this article except where this expressly provides otherwise,   shall be taken in the name of the State of New York, and when  so  taken   shall be deemed to be taken for a public use.9.  All  real  estate  acquired or taken pursuant to the provisions of   title 21 of this article is hereby dedicated to the use and purposes for   which it is so taken, and the right, title and interest acquired by  the   state therein is so acquired subject to such use and purposes.