2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2111 - Acquisition of Real Estate.

§ 15-2111. Acquisition of real estate.
1.  The  board  on  behalf  of  such  district  shall,  subject to the
  limitations herein contained, have the right to condemn for the  use  of
  the district any real estate which is determined to be necessary for the
  purpose  of  carrying  out  any  of  the  provisions of title 21 of this
  article. It may acquire title to such real estate by agreement with  the
  owner thereof and upon payment therefor of the amount of compensation to
  be paid such owner.
2.  Lands  of  the  state  outside of the forest preserve, not used by
  canals of the state, may be used for the purposes of title  21  of  this
  article.   Not exceeding three per centum of the lands of the state, not
  owned or hereafter acquired, constituting the  forest  preserve  as  now
  fixed  by  law,  may  be  used  for  the construction and maintenance of
  reservoirs for the purpose of title 21 of this article.
3. If any real estate belonging to any county, city, town, village  or
  school  district  is  required  for  the  purposes  of  title 21 of this
  article, the county legislative body for  such  county,  the  mayor  and
  common  council or governing body for such city, the town board for such
  town, the village board for such  village,  the  trustees  or  board  of
  education of any school district for such district, or any persons, body
  or  bodies,  having a like power, acting for such public corporation may
  grant or surrender such real estate for  such  compensation  as  may  be
  agreed  upon  by  such  official  representatives  and  the  board.  The
  compensation agreed upon as thus provided shall be paid  to  the  fiscal
  officer  of  the  public  corporation or the person or persons from whom
  such real estate is acquired.
4. Title to any such real estate owned by any  infant  or  incompetent
  person  may  be  acquired  on  behalf of the board in the same manner as
  provided by law with respect to the sale,  mortgage  or  lease  of  real
  property  of  such  infant  or incompetent person upon such terms as the
  Supreme Court or the County Court of  the  county  in  which  such  real
  estate  is  situated  may  provide, and for such purpose jurisdiction is
  hereby conferred upon such courts.
5. If the board cannot agree with the owners upon the compensation and
  damages to be paid for the real estate  so  taken,  it  shall  thereupon
  serve  upon  such  owners a notice as hereinafter provided that the real
  estate described therein has been acquired by the board for the purposes
  of title 21 of this article, and shall proceed to acquire title  thereto
  under the provisions of the eminent domain procedure law.
6.  If  any  real  property,  owned by a corporation having by law the
  power to exercise the right  of  eminent  domain,  is  taken  under  the
  eminent  domain  procedure  law,  the board shall have no right to enter
  upon and take possession of any such real estate until the owner thereof
  shall have been paid or tendered the amount due under  the  final  order
  and judgment in such proceedings with interest.
7.  If any such payments are made directly by the board, the amount so
  paid shall be refunded to the board out of  the  general  funds  of  the
  district as provided in subdivision 7 of section 15-2119.
8.  Title  to  all  real estate acquired pursuant to the provisions of
  title 21 of this article except where this expressly provides otherwise,
  shall be taken in the name of the State of New York, and when  so  taken
  shall be deemed to be taken for a public use.
9.  All  real  estate  acquired or taken pursuant to the provisions of
  title 21 of this article is hereby dedicated to the use and purposes for
  which it is so taken, and the right, title and interest acquired by  the
  state therein is so acquired subject to such use and purposes.