N.Y. Defense Emergency Act 1951 784/51 § 23-a: Authority of political subdivisions to provide facilities and materials essential to public safety

§ 23-a. Authority of political subdivisions to provide facilities and

materials essential to public safety. Each political subdivision of the

state, the board of higher education in the city of New York, and, with

respect to property located in the state of New York, the port of New

York authority and the waterfront commission of New York harbor, shall

have power:

a. To acquire, construct, install and maintain shelters, including

fallout shelters, and other civil defense facilities and to acquire,

store and maintain materials, such shelters, facilities and materials

being for the protection, safety and health of students, faculty,

administrative staff, employees and the public at large during and

subsequent to attack, provided

i. such acquisition, construction, installation, maintenance and

storage is not inconsistent with the plan, regulations or orders of the

commission or with the applicable local plan promulgated pursuant to

subdivision one of section twenty-three of this act; and

ii. such acquisition, construction, installation, maintenance and

storage is effected by contract, let in the manner provided by law, by

employees of such political subdivision, board, authority or commission,

by agreement for the effectuation thereof by the owner of the building,

structure or real property to be used in connection therewith or in any

manner authorized by other provisions of law.

b. To utilize any publicly owned building, structure, real property or

personal property in connection with such acquisition, construction,

installation, maintenance and storage with the approval of the

appropriate officer or agency having control thereof, subject to such

terms and conditions as may be agreed to by such officer or agency.

c. To acquire in connection with such acquisition, construction,

installation, maintenance and storage any real or personal property, or

any interest therein, or the right to use the same for a temporary

period by purchase, lease or other agreement with the owner thereof or

by authorization to use without consideration. Nothing contained in this

section shall limit the power of such political subdivision, board,

authority or commission to condemn or otherwise acquire real or personal

property for such purposes under other provisions of law.