N.Y. Environmental Conservation Law § 15-2309: Entry upon lands, structures and waters; acquisition of property

§ 15-2309. Entry upon lands, structures and waters; acquisition of

property.

The department, its members, officers, employees and agents may enter

upon any land, structures and waters necessary for the purposes of title

23 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 taken, or

on or over which an easement is to be taken, 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 hereinafter provided as part of the necessary expense

incurred for the purpose of such improvement. If the department cannot

agree with the owners upon the compensation and damages to be paid for

the property or easement to be so taken the department shall proceed to

acquire title thereto under the provisions of the eminent domain

procedure law. All real property acquired by a river improvement

district shall be exempt from taxation.