2023 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, 2025
* 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, 2025
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. 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.