2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-C - Capital District Transportation Authority › 1308 - Acquisition and Disposition of Real Property.

§  1308.  Acquisition and disposition of real property. 1. In addition
  to the powers provided in section thirteen hundred six 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.