N.Y. General City Law § 20-d: Alternative procedure for acquisition of certain real property, personal property and franchises of omnibus lines within cities having a ...

§ 20-d. Alternative procedure for acquisition of certain real

property, personal property and franchises of omnibus lines within

cities having a population of one million or more inhabitants.

Notwithstanding any other provision of law, general, special or local,

cities with a population of one million or more inhabitants shall have

the additional power to acquire by acquisition any property and the

franchises of any person, firm or corporation situated within such city,

used and usable in the operation of omnibus lines which are entirely

within and do not extend beyond the boundaries of such city, the

immediate acquisition of which property and franchises is determined by

the board of estimate or other appropriate governing body of such city

to be necessary to serve the public convenience through the provision of

adequate omnibus transportation, notwithstanding the fact that such

property and franchises were or are devoted to a public use. The term

"property" as used in this subdivision is defined to include lands,

waters, rights in lands or waters, structures, franchises and interests

in land, including lands under water and riparian rights, and any and

all other things and rights usually included within the said term and

includes also any and all interests in such property less than full

title, such as easements permanent or temporary, rights-of-way, uses,

leases, licenses and all other incorporeal hereditaments and every

estate, interest or right legal or equitable, and omnibuses, rolling

stock and any other form of real or personal property. Acquisition of

such property shall be in accordance with the provisions of the eminent

domain procedure law.

Notwithstanding the provisions of any general, special or local law to

the contrary, such city may authorize, issue and sell obligations,

pursuant to the local finance law, to pay for the cost of any

acquisition or acquisitions of such property used and usable in the

operation of omnibus lines provided, however, that no such obligations

shall be authorized, issued, sold or refunded after September thirtieth,

nineteen hundred sixty-three. The maximum period of probable usefulness

for each such object or purpose for which obligations may be issued

hereunder is hereby determined to be as follows:

a. The acquisition of real property, thirty years.

b. The acquisition of omnibuses and other necessary personal property,

five years.

c. The acquisition of franchises, five years.

The provisions of this section constitute an alternative procedure to

the procedure set forth in subdivision two of section twenty of this

chapter and any city having a population of one million or more

inhabitants may proceed under the authority of this section or of such

subdivision two of section twenty.