N.Y. County Law § 263: Powers

§ 263. Powers. The administrative head or body may acquire by gift,

lease, purchase or condemnation, real estate and easements, rights of

way or other interests therein necessary or proper for the purposes of

the district. In Suffolk county it may acquire by gift, lease or

purchase personalty or it may accept the gift of a sum of money

necessary or proper for the purposes of the district. In water quality

treatment districts, it may request, receive and administer grants and

other sums of money necessary or proper for the purposes of the

district. In the county of Oneida, it may grant easements or rights of

way necessary or proper for the purposes of the district. It may (1)

construct, reconstruct, improve or repair facilities in or under the

surface of any highway in the county or in another county for the

purpose of transporting water, sewage or drainage to or within the

county district, and shall cause such highway to be restored to its

usual condition at the expense of the district, or (2) provide for the

collection and disposition of garbage, ashes, rubbish and other waste

matter in such district, and for that purpose may provide for the

construction, operation and maintenance of all necessary appliances

appurtenant thereto, including such vehicles as may be required for the

collection and disposition of garbage, ashes, rubbish and other waste

matter. No facilities shall be laid under any county parkway, county

road, town highway or city or village street without the consent of the

officer or body having jurisdiction over, and control thereof, and, in

the case of the state thruway, state parkways, state highways, county

roads or county parkways, or highways constructed pursuant to section

one hundred ninety-four, section one hundred ninety-five or article six

of the highway law, in addition to such consents, the consent of the

state commissioner of transportation or other state officer or body

having jurisdiction over and control thereof.

The administrative head or body of a county sewer district may acquire

by condemnation from railroad corporations, real estate and easements,

rights of way or other interests of such railroad corporations necessary

or proper for the purposes of the district, provided, however, that in

the event the railroad objects to such condemnation on the ground that

it will interfere with the safe and uninterrupted maintenance and

operation of the railroad, the railroad shall have thirty days after

receipt of notice of such condemnation to request a hearing before the

commissioner of transportation. The commissioner of transportation shall

give the railroad and the district notice of not less than ten days of

the time and place scheduled for such hearing. The commissioner of

transportation, after hearing the evidence shall decide whether such

condemnation is permissible and in the public interest, and whether an

order permitting the county sewer district to enter upon said railroad

lands to perform such work is necessary and proper; such order shall

also include terms protecting the railroad in safe and uninterrupted

maintenance and operation of said railroad during the performance of any

work on railroad lands by employees and agents of the sewer district if

their entry upon railroad lands for such work is deemed necessary by the

commissioner's order. The determination of the commissioner shall be

subject to judicial review pursuant to article seventy-eight of the

civil practice law and rules.

The administrative head or body of any county water district on behalf

of such county water district, with the approval of the board of

supervisors of such county, a county water authority, any city, any town

on behalf of a town water district, and any village which own and

operate water systems may enter into contracts providing for

interconnections of such water systems, regulating the sale of water, or

the purchase of water, by any of the parties to the contract to another

party to the contract, which contracts may contain such other further

covenants, agreements, terms and conditions which the contracting

parties deem necessary or desirable for the efficient and economical

operation of the respective water systems of the parties to the

contract, provided, however, that no such contract shall relate to an

area then being served by any such county water district, county water

authority, city, town water district or village without the consent of

the governing board of the district, authority, city or village, as the

case may be. Any such contract shall be subject to the approval of the

water resources commission.