2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 1 - Potable Waters › 1104 - Sewage Removal or Purification; Condemnation of Property.

§  1104. Sewage removal or purification; condemnation of property.  1.
  When the department or the commissioner of environmental  protection  of
  the  city  of  New York, or the board of water supply of the city of New
  York, shall, for the protection of a water  supply  from  contamination,
  makes  orders or regulations the execution of which will require or make
  necessary the construction and maintenance of any system of sewerage, or
  a change thereof, in or for any village or hamlet, whether  incorporated
  or  unincorporated, or the execution of which will require the providing
  of  some  public  means  of  removal  or  purification  of  sewage,  the
  municipality,  corporation,  state  or  United States or state or United
  States institution, park, reservation  or  post  owning  the  waterworks
  benefited thereby shall, at its own expense, construct and maintain such
  system  of  sewerage,  or  change thereof, and provide and maintain such
  means of removal and purification of sewage and such works or  means  of
  sewage  disposal  as  shall  be  approved  by the department.   For such
  purpose said municipality, corporation, state or United States or  state
  or United States institution, park, reservation or post, may acquire, by
  condemnation  the  necessary  real  estate  or  interest  therein or the
  easement or use thereof whether now used for public or private purposes.
2. When the execution of any such regulations of  the  department,  or
  the commissioner of environmental protection of the city of New York, or
  the  board  of  water  supply  of  the city of New York will occasion or
  require the removal of any  building  or  buildings,  the  municipality,
  corporation,  state  or  state  institution,  park,  reservation or post
  owning the waterworks benefited  thereby  shall,  at  its  own  expense,
  remove  such  buildings  and  pay  to  the  owner  thereof  all  damages
  occasioned by such removal.
3. When the execution of any such regulation will  injuriously  affect
  any  property the municipality, corporation, state or state institution,
  park, reservation or post owning the waterworks benefited thereby  shall
  make just and adequate compensation for the property so taken or injured
  and  for  all injuries caused to the legitimate use of operation of such
  property.
4. Until such construction or change of  such  system  or  systems  of
  sewerage,  and the providing of such means of removal or purification of
  sewage, and until such works or means of sewage disposal and the removal
  of any buildings are so made by the municipality, corporation, state  or
  state institution, park, reservation or post owning the waterworks to be
  benefited thereby at its own expense, and until, except in the case of a
  municipality, state or state institution, park, reservation or post, the
  corporation owning the waterworks benefited shall make just and adequate
  payment  for all injuries to property and for all injuries caused to the
  legitimate use or operation of such property, there shall be  no  action
  or  proceeding  taken  by any such municipality, officer, board, person,
  commission or corporation against any  person  or  corporation  for  the
  violation of any regulation of the department under this article, and no
  person or corporation shall be considered to have violated or refused to
  obey any such rule or regulation.