NY Rapid Trans L § 50 (2021)
2021 New York Laws RAT - Rapid Transit Article 6 - Acquisition of Property by the City 50 - Acquisition of Property.

§  50. Acquisition of property.  a. For the purpose of constructing or   operating any road for the construction or operation of which a contract   shall have been made by the  board  of  transportation  or  any  of  its   predecessors,  or  for the purpose of constructing or operating any part   of any railroad or portion thereof relocated  under  the  provisions  of   section  eighty-two  of  this  chapter,  for the construction of which a   contract shall have  been  made  pursuant  to  such  section,  including   necessary  stations  and  station  approaches,  or  for  the  purpose of   operating or securing the operation thereof  free  of  interference  and   right  of interference and of action and right of action for damages and   otherwise, whether by abutting owners or others, or to provide,  lay  or   maintain  sub-surface  structures,  such board for and in behalf of such   city may acquire, by conveyance or grant to such city to be delivered to   such  board  and  to  contain  such  terms,  conditions,  provisos   and   limitations as such board shall deem proper, or by condemnation or other   legal  or  other  proceedings, as provided in this chapter, any property   rights and any and all rights,  privileges,  franchises  and  easements,   including such of any thereof as may be already devoted to a public use,   whether  of  owners  or  abutters,  or  others  to  interfere  with  the   construction or operation of such road or to recover  damages  therefor,   which,  in the opinion of the board, it shall be necessary to acquire or   extinguish for the purpose of constructing and operating such road  free   of  interference  or  right  of  interference.    Any such city also may   exercise any of the rights to acquire  such  property  rights  upon  the   validation  of  a  route in the manner prescribed in sections twenty and   twenty-one of this chapter, provided that if any such right shall be  so   exercised  prior to the time a contract for construction or operation of   such route shall be entered into, the board of estimate and  the  mayor,   as  a  condition  precedent,  shall  approve such acquisition. An option   granted to the board of transportation or to the city  to  purchase  any   property  rights  or  an award in a condemnation proceeding for a period   not to exceed ninety days in case of purchase of  property  rights,  and   for  a  period  not  to exceed six months in case of purchase of such an   award shall not be withdrawn or  cancelled  during  the  period  therein   named.  Upon  the  trial  of  a condemnation proceeding on behalf of the   board of  transportation  under  the  provisions  of  this  chapter,  no   evidence  shall  be admitted, as against an owner of an offer made by or   on behalf of such owner for the sale of his  real  estate  or  any  part   thereof  to such board for or on behalf of such city, or for the sale or   assignment of any right and title to an award, or any part  thereof,  to   be  made  for  such real estate, or any part thereof, in the proceeding;   nor shall any evidence be received, as against such city, of  any  offer   made  to  such  owner  by the board for or on behalf of the city for the   purchase of such real estate, or any part thereof, or for  the  purchase   of  any  award  or any part thereof, to be made for such real estate, or   any part thereof, in the proceeding.b. Where any contractor for the  construction  or  operation  of  such   railroad shall require any property for such construction and operation,   such  property  shall be deemed to be required for a public purpose; and   with the approval of the board of transportation such  property  may  be   acquired  by  such  contractor  in  all respects as such property may be   acquired by such board for the city. All  proceedings  to  acquire  such   property  shall  be  conducted  under  the  direction and subject to the   approval of such board. It shall be the duty of the board  whenever  any   property  which the city shall have acquired as provided in this chapter   shall be unnecessary for rapid transit purposes, to surrender  the  same   for  other  public  use or purpose of the city or to sell and convey the   same in behalf of the city, provided, however,  that  no  such  sale  or    conveyance  shall  be  made  except  with  the  approval of the board of   estimate, and provided further that the proceeds of  any  such  sale  or   conveyance,  together  with all rent received for the use, occupation or   lease of any property acquired as provided in this chapter, shall, under   the  direction  of the board of transportation, be applied either to the   acquisition of other property necessary for rapid transit  purposes  or,   in  the case of rent so far as necessary, to the maintenance of property   acquired for rapid transit purposes or shall be applied in all  respects   as  the  payments  of rental to be made by the contractor as provided in   this chapter. Whenever the city shall have acquired any property  rights   as  provided  in  this  chapter  and shall have thereafter acquired such   property in fee, such property rights shall be deemed to  be  merged  in   such  fee estate. Whenever any property rights which the city shall have   acquired as provided in this chapter in or  to  any  property  shall  be   unnecessary  for rapid transit purposes, the board of transportation may   sell and release the same in behalf of the city to  the  owner  of  such   property,  provided, however, that no such sale or release shall be made   except with the approval of the board of estimate. Whenever any property   shall be sold as provided in this chapter, the grant or  conveyance  may   contain such terms, conditions, provisos and limitations as the board of   transportation  may deem proper, and such board, in and by such grant or   conveyance may make such covenants and give such warranty in  behalf  of   the  city  as  such board may deem proper, including covenants as to the   size, weight or character of  building  which  any  such  rapid  transit   railroad  for  which  an  easement  in  such  property  is reserved will   support. In the case of any such sale or conveyance such board also  may   accept  in part payment for the property sold a bond or other obligation   to the city secured by purchase money mortgage on  such  property,  such   bond  or  other  obligation  and such mortgage to contain such terms and   conditions as such board may deem proper, including in the discretion of   the board provision for the payment of the amount of such bond or  other   obligation in installments.c.  The  board  of  estimate  with the approval of the mayor, upon the   requirement of the board of transportation, may establish the  grade  of   any  street  or  change  the  grade  of  any  street  for the purpose of   constructing or operating a rapid transit railroad or its appurtenances.   There shall be no liability to abutting owners  for  changing  for  such   rapid  transit  purposes  a  grade once established by lawful authority,   except where the owner of  the  abutting  property  has  built  upon  or   otherwise  improved  the  property  in  conformity with such established   grade, and such grade is changed after  such  building  or  improvements   have been made. In such cases damages occasioned by such change of grade   to  such  buildings and improvements shall be ascertained as provided in   this chapter. A grade shall be deemed established  by  lawful  authority   within  the  meaning of this subdivision where it was originally adopted   by the action of the public authorities, or where the street  or  avenue   has  been used by the public as of right for ten years and been improved   by the public authority at the expense of the public or of the  abutting   owners.  In  case  the grade of any such street shall be changed for the   purpose of constructing and operating a rapid transit  railroad  or  its   appurtenances  and  graded  according  to  the  new  grade, the board of   transportation shall transmit to the board of  assessors  a  certificate   stating that the grade of the street has been changed for the purpose of   constructing   and  operating  a  railroad  or  its  appurtenances,  and   accompany such certificate with a plan indicating  the  original  grade,   the  changed  grade  and  the  buildings  or other improvements affected   thereby. It shall be the duty of the board of assessors to cause  to  be   published  at  the  expense  of  the board of transportation in the City    Record, or other official publication of the city, daily for two  weeks,   and  in  two  daily newspapers published in the city, twice in each week   for two weeks, immediately prior to such hearing, a notice  which  shall   contain  a request for all persons claiming to have been injured by such   change of grade, to present, in writing to the secretary of the board of   assessors, their claims. Such notice shall specify a place where, and  a   time  when the board of assessors will receive evidence and testimony of   the nature and extent of such injury. After hearing and considering such   testimony and evidence, the board of assessors shall  make  such  awards   for such loss and damage, if any, as it may deem proper. The proceedings   and  determination  of the board of assessors shall be subject to review   by the board of revision of assessments of the city, as in the  case  of   other awards of damages for change of grade of streets in such city. The   city  shall,  within four months after the making of any such award, pay   to the respective parties entitled thereto the amount of such award, and   in case of its neglect or failure to pay the same at the  expiration  of   such  period,  and  after  demand,  it  shall  be lawful for the persons   entitled to the same to sue for and recover the amount of their  awards.   In  case  any such award or compensation shall be paid to any person not   entitled thereto, when the same ought to have been paid  to  some  other   person, it shall be lawful for the person to whom the same ought to have   been paid to sue for and recover the same with interest and costs, as so   much  money  had  and received to his use by the person to whom the same   shall have been so paid; provided that when the name  of  the  owner  or   party  is  not  set  forth in the report of the assessors, or where such   owner, party  or  person  being  named  therein  shall  be  under  legal   disability  or  absent from the city, or after diligent search cannot be   found, or his title to receive such  award  is  disputed,  it  shall  be   lawful  for  the  city  to pay the sum mentioned in such report, or that   would be coming to such owner, party or person, to the comptroller to be   secured, disposed of and invested as the supreme court shall direct, and   such payment shall be as valid and effectual in all respects as if  made   to  such  owner, party or person, himself, according to his just rights,   if he had been known and had not been under legal disability.d. Whenever the board of transportation for and in behalf of the  city   shall  have  acquired or shall hereafter acquire an easement in property   by conveyance or grant for the purpose of the operation or  construction   of   a  railroad,  such  board  in  behalf  of  the  city  and  as  part   consideration for the grant or conveyance of  the  easement,  may  enter   into  an  agreement  with  the grantor of such easement or right of way,   giving to such grantor or his assigns, the right  of  lateral  or  other   support  through,  in  or under such property, or any adjoining lands or   space occupied by such railroad  for  any  building  erected  or  to  be   erected  upon  the land over which the easement or right of way has been   obtained for the support and maintenance of any such building,  provided   that  any  structure  that  shall  be  built for the support of any such   building shall be approved by such board and  shall  not  extend  in  or   under  any  street  beyond  the  curb  lines as fixed by the appropriate   authority of such city.e. The board of transportation temporarily may let or  allow  the  use   and occupation of any property acquired as provided in this chapter, and   receive  rent  therefor  between the time of the acquisition thereof and   the time when it shall be required for construction or operation of such   road, or shall be sold as aforesaid, and  in  case  of  default  of  any   tenant  may  prosecute any action or proceeding to recover possession of   the premises so let or used and occupied. The board  of  transportation,   with  the approval of the board of estimate, also may lease any property   acquired as provided in this chapter for the highest  marketable  rental    at   public   auction  or  by  sealed  bids,  and  always  after  public   advertisement for a period of at least fifteen days in the City  Record,   for such term not exceeding twenty-one years and upon such conditions as   the  board  of transportation may deem proper, and, in the discretion of   such board, may provide in such lease for one renewal of not  more  than   twenty-one  years. All rent received for the use, occupation or lease of   any such property shall be paid to the comptroller and shall be  applied   in  like  manner as the proceeds of sales of property acquired hereunder   are directed to be applied in subdivision b of this section.f. Whenever any  property  owned  by  the  city  and  in  use  by  any   department  of  the  city  including property acquired for park purposes   shall be deemed available by the board of transportation for the purpose   of operation or construction of a railroad  and  wherever  any  property   acquired  for  and  on  behalf  of  the city by such board or any of its   predecessors shall be deemed available by the head of any department  of   the  city  for  the  use  of  such  department,  the  board of estimate,   notwithstanding any provision of law, may authorize an exchange of  such   properties  at  a valuation and upon such terms as may be agreed upon by   the board of transportation and the  board  of  estimate.  Whenever  any   property  of  the  city shall have been turned over by any department of   the city to the board of estimate to be disposed of  according  to  law,   such  property or any portion thereof, upon the application of the board   of transportation, may be turned over to the board of transportation  at   a  valuation and upon such terms as may be agreed upon by such board and   the board of  estimate.  Notwithstanding  any  provision  of  law,  such   property shall be used for the purpose of operation or construction of a   railroad  or any other purpose of the board of transportation under this   chapter. The board of estimate may accept in payment or in part  payment   therefor property previously acquired by the board of transportation for   and on behalf of the city which is no longer required for the purpose of   operation  or  construction of a railroad or other purpose of such board   under this chapter, but which in the judgment of the board  of  estimate   may be used by the city or one or more of its departments.g.  The  existence of an easement acquired for and in behalf of a city   under this chapter shall not be deemed an  incumbrance,  under  any  law   relating to investments in mortgages upon real property by corporations,   trustees,  executors, administrators, guardians or other persons holding   trust funds, but the effect of such an easement upon the  real  property   which  it  affects  shall be taken into consideration in determining the   value thereof.