N.Y. Environmental Conservation Law § 15-1909: Entry upon lands, structures and waters; condemnation

§ 15-1909. Entry upon lands, structures and waters; condemnation.

1. For carrying out the surveys and examinations required by title 19

of this article, the department may enter upon any lands, structures and

waters as in its judgment may be necessary, as provided by section

15-0305.

2. The department, its members, officers, employees and agents may

enter upon any lands, structures and waters necessary for the purposes

of title 19 of this article and may determine what rights in and to such

property are to be acquired therein. If the owner of any property to be

acquired, or on or over which an easement is needed for such improvement

shall agree with the department upon the sum to be paid therefor, or for

the right to use and occupy the same, or for any damages sustained, such

sum shall be paid as part of the necessary expense of the project.

3. If the department cannot agree with the owners upon the

compensation and damages to be paid for the property or easement to be

acquired, the department shall proceed to take the title thereto or the

required rights therein under the provisions of the eminent domain

procedure law.

4. Whenever a construction project affects a ditch or channel which

has been constructed and in use for twenty years and upwards such use

and operation shall be conclusive evidence that a right of way therefor

and all rights in the premises through which it passes, which are

necessary and incident to the perpetual maintenance thereof, were duly

obtained when such ditch or channel was constructed. All real property

acquired by a drainage improvement district shall be exempt from

taxation.