2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-B - Rochester-Genesee Regional Transportation Authority › 1299-II - Acquisition and Disposition of Real Property.

§  1299-ii.  Acquisition  and  disposition  of  real  property.  1. In
  addition to the powers provided in section twelve hundred ninety-nine-gg
  of this title to acquire transportation facilities, equipment  and  real
  property,  the  authority  may  acquire, by condemnation pursuant to the
  condemnation law and/or in accordance with the  condemnation  provisions
  of  subdivision  seven  of  this  section, any real property it may deem
  necessary, convenient, or desirable to effectuate the  purpose  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.
  Notwithstanding the foregoing provisions of this  subdivision,  no  real
  property may be acquired by the authority by condemnation or by purchase
  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 acquisition.
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. Title to all property acquired under this act  shall  vest  in  the
  authority.
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.
7. The authority may adopt the following condemnation procedures.    A
  certified  copy of a resolution adopted by the authority authorizing the
  acquisition and identifying and describing the property and  franchises,
  if  any,  sought  to  be  acquired by condemnation shall be filed in the
  office of the county clerk of the  county  in  which  such  property  is
  situated,  held  or maintained. A petition for an order vesting title to
  such  property  and  franchises,  if  any,  sought  to  be  acquired  by
  condemnation  shall  set  forth  a  description of the said property and
  franchises, if any, and a prayer that title be vested in the  authority,
  shall  be presented, upon notice of the application to condemn published
  in five successive issues of a publication of general circulation within
  the county where such property and franchises, if any, are located, to a
  special term of the supreme court held at the time and  place  specified
  in such notice, within the judicial district in which the property being
  acquired  or  some part thereof is situated. Such proceedings shall have
  precedence over all other cases on the calendar of such court, any other
  provision of the law to the contrary notwithstanding. Upon due proof  to
  the  satisfaction  of  the  court  of  the  filing  of the resolution as
  hereinafter described, such court, not later than three days  after  the
  presentation  of  the  petition,  shall thereupon enter an order vesting
  title to such property and franchises, if any, in  the  authority.  Upon

  such  vesting  of title the authority shall have the right to enter upon
  and take possession of such property. A notice of such acquisition shall
  be directed to the owners of the property and  franchises,  if  any,  so
  acquired  and  to any other person or persons having an estate, interest
  or easement in such property or a lien, charge or encumbrance thereon by
  personal service or by registered mail at the last known address  within
  fifteen  days  after  such vesting of title. Such notice shall set forth
  such resolution, the date of the submission to the court,  the  date  of
  the  order vesting title in such authority and such other matters as the
  authority may determine.
8. If funds are made available by the authority for the payment of the
  cost  and  expense  of  the  acquisition  thereof,  the  department   of
  transportation  of  the  state  of  New  York,  when  requested  by  the
  authority, may acquire such real property in the name of  the  state  as
  may be determined from time to time by the authority as being necessary,
  convenient  or  desirable  to effectuate the purposes of this title, may
  remove the  owner  or  occupant  thereof  where  necessary,  and  obtain
  possession and, when requested by the authority, may dispose of any real
  property so acquired, all according to the procedure provided in section
  thirty  of  the highway law and pursuant to the procedure required under
  federal law, when applicable. The authority  shall  have  the  right  to
  possess  and  use  for  its corporate purposes all such real property so
  acquired. Claims for the value of  the  property  appropriated  and  for
  legal  damages  caused  by  any such appropriation shall be adjusted and
  determined by such department with the approval of the authority  or  by
  the court of claims as provided in section thirty of the highway law and
  as required by federal law, when applicable. When a claim has been filed
  with  the court of claims, the claimant shall cause a copy of such claim
  to be served upon the authority and the authority shall have  the  right
  to  be represented and heard before such court. All awards and judgments
  arising from such claims shall be paid out of moneys of  the  authority.
  No  real  property  may  be  acquired pursuant to the provisions of this
  section 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 acquisition.