N.Y. Education Law § 227: Colleges may construct water-works and sewer systems

§ 227. Colleges may construct water-works and sewer systems. 1. Every

incorporated college in this state is duly authorized and empowered to

construct and maintain a system of water-works for the purpose of

supplying its college buildings and premises with pure and wholesome

water for domestic, sanitary and fire purposes, and for the preservation

of the health of its students, faculty and employees, and for the

preservation of the public health of the town, village or city in or

near which such college is located, and the construction and maintenance

of such water-works is declared to be a public use. Such water-works, as

often as necessary, may be enlarged or improved. Every such incorporated

college owning its water-works system and having an adequate supply of

water therefrom, may furnish water to persons other than students,

faculty and employees of such college at and for a just and adequate

compensation, providing that they reside within a sewer district now

created in which the premises of the said college or any part thereof

are embraced, and provided no municipal or private public service

corporation operates or maintains a system of water-works therein

capable of supplying water to such inhabitants, and provided further

that the provisions therein relative to the residence of the purchasers

of water within a sewer district shall not restrict Cornell University

from selling water to the residents of the hamlet of Forest Home or a

water district organized for the purpose of furnishing a potable water

supply to said hamlet. Whenever any such college shall extend its mains

along any streets, avenues or highways for the purpose of supplying

water to such inhabitants, it shall not lose its exemption from taxation

by reason thereof, and shall not be deemed to be exercising a public or

corporate franchise within the meaning of the tax law.

2. Any such college shall have the right to acquire real estate, or

any interest therein, necessary or proper for such water-works, and the

right to lay, relay, repair and maintain conduit and water pipes, with

connections and fixtures, on, through, and over the lands of others; the

right to intercept and divert the flow of waters from the lands of

riparian owners, and from persons owning and interested in any waters;

and the right to prevent the flow or drainage of noxious, or impure, or

unwholesome matter from the lands of others into its reservoirs, or

sources of supply. But no such college shall ever have power to take or

use water from any of the lands of this state, or any land, reservoir,

or feeders, or any streams which have been taken by the state for the

purpose of supplying the canals with water. The consent of an

incorporated village or city must be obtained to lay any such pipes in

or through its streets, and such consent may be accompanied by such

reasonable conditions or restrictions as are proper.

3. Such college may cause such examinations and surveys for its

proposed water-works to be made as may be necessary to determine the

proper location thereof, and for such purpose, by its officers, agents

and servants, may enter upon any lands or waters in the vicinity for the

purpose of making such examinations and surveys, subject to liability

for all damage done. When surveys or examinations are made or concluded,

a map shall be made of the lands or interests to be taken or entered

upon, and on which the land or interest of each owner or occupant shall

be designated, and all streets and roads in which it is proposed to lay

conduit pipes, with the proposed line thereof, which map shall be dated

and signed by the engineer making the same; and said map shall be filed

and kept in the college library for examination and reference, and a

duplicate thereof shall be filed in the clerk's office in each county

wherein any of such lands or interests proposed to be taken are located.

Such examinations and surveys may be ordered and directed by the

president or board of trustees of such college. A majority of the

trustees shall determine upon the construction of such water-works and

the plans thereof, and order contracts therefor to be made by such

officers of the college as may be designated.

4. If any such college shall be unable to agree upon such terms of

purchase of any such property, right or easements, before or after plans

shall be determined upon, it may, after such plans have been adopted,

acquire the same by condemnation, according to the provisions of the

eminent domain procedure law.

5. When any such college has constructed and completed water-works, as

above provided, it may, by a majority of its trustees, determine upon

and construct a sewer system; it may connect the same with the sewer

system of the village, city or town sewer districts thereof in or near

which said college is situated, if such connection is practicable. A

college, with the approval of its trustees, may allow its sewer system

to serve as an interconnection between separate sewer systems of

villages, cities or town sewer districts when and so long as such use of

the sewer system of the college does not interfere with or limit the use

of that sewer system by the college. The college shall not lose its

exemption from taxation by reason of such connection or interconnection

of its sewer system and the college shall not be deemed to be exercising

a public or corporate franchise within the meaning of the tax law.

Examination, surveys and a map may be made as above provided. Lands and

easements may be acquired by purchase, as above provided, and in case

such acquisition can not be made by purchase then they may be acquired

by condemnation, according to the provisions of the condemnation law.