2023 New York Laws › PBA - Public Authorities › Article 2 - Park, Parkway and Highway Authorities › Title 3 - Jones Beach State Parkway Authority › 158-B - Acquisition of Real Property.

*  §  158-b. Acquisition of real property. 1. The authority shall have
power from time to time to acquire, in  the  name  of  the  state,  real
property  necessary  in  order  to  carry  out its corporate purposes or
exercise of the powers granted by sections one hundred fifty-three-b and
one hundred fifty-eight-c of this title, by purchase,  gift,  devise  or
condemnation  pursuant  to  the  provisions  for the acquisition of real
property for public use provided for in the Nassau county administrative
code (chapter two hundred seventy-two of the laws  of  nineteen  hundred
thirty-nine, as amended), except as otherwise provided by this section.
2.  In  exercising  the  powers of condemnation pursuant to the Nassau
county administrative code
(a) The function of the board of supervisors shall be exercised by the
board of the authority;
(b) The functions of the other county officials and employees referred
to therein shall be exercised by such officers, agents or  employees  of
the authority as the authority shall direct;
(c)  "court"  shall  mean  the  supreme court in and for the county of
Nassau;
(d) The map of the real property affected by the acquisition  required
by   section   eleven-twenty-two-zero   of   the   said   Nassau  county
administrative code shall be filed only in  the  office  of  the  county
clerk.  Notice  of  such filing shall be given in the manner provided in
said section but no notice of hearing on such map  shall  be  given  nor
shall a hearing on such map be required;
(e)  The  authority  shall  furnish  to  the court such maps, surveys,
diagrams or plans as shall be required for the purpose of this section.
(f) No part of the cost of  acquisition  shall  be  assessed  on  real
property benefited thereby.
(g)  With the consent of the county executive of the county of Nassau,
the authority may designate the county attorney of the county of  Nassau
to  conduct  any  such acquisition proceeding, paying to the county such
compensation for such services as may be agreed upon, together with  all
costs  and  expenses  payable  or  incurred  by  the  county attorney in
connection with such proceeding, as certified by the comptroller of said
county.
(h) Where the compensation to be  paid  to  owners  of  real  property
acquired  has not been determined by agreement or settlement it shall be
determined by the supreme court without a jury.
(i) The county board of assessors shall furnish to the attorney acting
for the authority a duplicate copy of the tax map of the county relating
to the real property to be acquired  at  the  request  of  the  attorney
acting  for  the  authority  and  the  county  clerk  shall furnish such
attorney block and lot maps relating to such  real  property  and  shall
furnish  information necessary to keep the maps furnished as accurate as
practicable.
(j) All costs and expenses incurred in connection with the acquisition
of real property by  the  authority,  of  any  officers,  employees,  or
departments of the county, including such amount of the salaries of such
officers  or  employees  as  may be agreed between the authority and the
county of Nassau, shall be paid by  the  authority  forthwith  upon  the
certification to the chairman of the authority by the county comptroller
of the amounts of such costs and expenses.
(k) All compensation for the acquisition of property and damages shall
be paid by the authority.
3.  The  county  of Nassau or any municipal corporation may acquire by
purchase, gift, devise or condemnation real property necessary  for  the
improvements  authorized  in paragraphs one to five inclusive of section
one hundred fifty-three-b of this title and may donate or dedicate  such

real  property  to  the  state  or  may  release  to  the state for such
improvements existing rights of way or easements not required for county
or municipal purposes; the county  of  Nassau  and  any  such  municipal
corporation  may  agree  with the authority for the transfer of any real
property acquired or to be acquired by the county or  such  municipality
to  the authority upon payment by the authority of such part of the cost
of such real property to the county  or  such  municipality  as  may  be
agreed.
* NB (Authority abolished June 30, 1978)