2023 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.