NY Pub Auth L § 1267 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11 - Metropolitan Commuter Transportation Authority 1267 - Acquisition and Disposition of Real Property.

§ 1267. Acquisition and disposition of real property. * 1. In addition   to the powers provided in section twelve hundred sixty-six of this title   to  acquire  transportation facilities, equipment and real property, the   authority may acquire, by condemnation pursuant to  the  eminent  domain   procedure  law,  any  real property it may deem necessary, convenient or   desirable to effectuate the purposes 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, and provided further that the   rate of interest paid upon any judgment or  accrued  claim  against  the   authority  arising out of such condemnation proceedings shall not exceed   six  per  centum.  Notwithstanding  the  foregoing  provisions  of  this   subdivision,  no  real  property  may  be  acquired  by the authority by   condemnation 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 condemnation.* NB Effective until June 24, 2022* 1. In addition to the powers  provided  in  section  twelve  hundred   sixty-six  of this title to acquire transportation facilities, equipment   and real property, the authority may acquire, by  condemnation  pursuant   to  the  condemnation  law,  any  real  property  it may deem necessary,   convenient or desirable  to  effectuate  the  purposes  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. Notwithstand   the foregoing provisions of this subdivision one, no real  property  may   be  acquired  by the authority by condemnation 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 condemnation.* NB Effective June 24, 20222.  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. Subject to the provisions of sections twelve hundred sixty-six  and   twelve hundred sixty-six-c of this title, title to all property acquired   under  this  act  shall  vest  in the authority or one of its subsidiary   corporations, or in the New York city transit authority or  one  of  its   subsidiary corporations as the authority directs.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.