NY Pub Auth L § 1299-II (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-B - Rochester-Genesee Regional Transportation Authority 1299-II - Acquisition and Disposition of Real Property.

§  1299-ii.  Acquisition  and  disposition  of  real  property.  1. In   addition to the powers provided in section twelve hundred ninety-nine-gg   of this title to acquire transportation facilities, equipment  and  real   property,  the  authority  may  acquire, by condemnation pursuant to the   condemnation law and/or in accordance with the  condemnation  provisions   of  subdivision  seven  of  this  section, any real property it may deem   necessary, convenient, or desirable to effectuate the  purpose  of  this   title,  provided,  however, that any such condemnation proceedings shall   be brought only in the supreme court and the  compensation  to  be  paid   shall  be  ascertained  and  determined  by  the  court  without a jury.   Notwithstanding the foregoing provisions of this  subdivision,  no  real   property may be acquired by the authority by condemnation or by purchase   for  purposes  other than a transportation facility unless the governing   body of the city, village or town in which such real property is located   shall first consent to such acquisition.2.  Nothing  herein  contained  shall  be  construed  to  prevent  the   authority  from  bringing  any proceedings to remove a cloud on title or   such other proceedings as it may, in its  discretion,  deem  proper  and   necessary  or  from  acquiring  any  such  property  by  negotiation  or   purchase.3. Where a person entitled to an award in the proceedings  to  condemn   any  real  property  for  any  of  the purposes of this title remains in   possession of such property after the time of the vesting  of  title  in   the  condemnor,  the  reasonable  value of his use and occupancy of such   property subsequent to such time as fixed by agreement or by  the  court   in such proceedings or by any court of competent jurisdiction shall be a   lien  against such award subject only to the liens of record at the time   of vesting of title in the condemnor.4. Title to all property acquired under this act  shall  vest  in  the   authority.5.  The  authority  may,  whenever  it  determines  that  it is in the   interest of the authority, dispose of  any  real  property  or  property   other  than  real  property,  which  it  determines  is  not  necessary,   convenient or desirable for its purposes.6. The authority may, whenever it shall determine that it  is  in  the   interest  of  the  authority,  rent,  lease  or grant easements or other   rights in, any land or property of the authority.7. The authority may adopt the following condemnation procedures.    A   certified  copy of a resolution adopted by the authority authorizing the   acquisition and identifying and describing the property and  franchises,   if  any,  sought  to  be  acquired by condemnation shall be filed in the   office of the county clerk of the  county  in  which  such  property  is   situated,  held  or maintained. A petition for an order vesting title to   such  property  and  franchises,  if  any,  sought  to  be  acquired  by   condemnation  shall  set  forth  a  description of the said property and   franchises, if any, and a prayer that title be vested in the  authority,   shall  be presented, upon notice of the application to condemn published   in five successive issues of a publication of general circulation within   the county where such property and franchises, if any, are located, to a   special term of the supreme court held at the time and  place  specified   in such notice, within the judicial district in which the property being   acquired  or  some part thereof is situated. Such proceedings shall have   precedence over all other cases on the calendar of such court, any other   provision of the law to the contrary notwithstanding. Upon due proof  to   the  satisfaction  of  the  court  of  the  filing  of the resolution as   hereinafter described, such court, not later than three days  after  the   presentation  of  the  petition,  shall thereupon enter an order vesting   title to such property and franchises, if any, in  the  authority.  Upon    such  vesting  of title the authority shall have the right to enter upon   and take possession of such property. A notice of such acquisition shall   be directed to the owners of the property and  franchises,  if  any,  so   acquired  and  to any other person or persons having an estate, interest   or easement in such property or a lien, charge or encumbrance thereon by   personal service or by registered mail at the last known address  within   fifteen  days  after  such vesting of title. Such notice shall set forth   such resolution, the date of the submission to the court,  the  date  of   the  order vesting title in such authority and such other matters as the   authority may determine.8. If funds are made available by the authority for the payment of the   cost  and  expense  of  the  acquisition  thereof,  the  department   of   transportation  of  the  state  of  New  York,  when  requested  by  the   authority, may acquire such real property in the name of  the  state  as   may be determined from time to time by the authority as being necessary,   convenient  or  desirable  to effectuate the purposes of this title, may   remove the  owner  or  occupant  thereof  where  necessary,  and  obtain   possession and, when requested by the authority, may dispose of any real   property so acquired, all according to the procedure provided in section   thirty  of  the highway law and pursuant to the procedure required under   federal law, when applicable. The authority  shall  have  the  right  to   possess  and  use  for  its corporate purposes all such 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 such department with the approval of the authority  or  by   the court of claims as provided in section thirty of the highway law and   as required by federal law, when applicable. 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 such court. All awards and judgments   arising from such claims shall be paid out of moneys of  the  authority.   No  real  property  may  be  acquired pursuant to the provisions of this   section for purposes other than a  transportation  facility  unless  the   governing  body of the city, village or town in which such real property   is located shall first consent to such acquisition.