N.Y. Public Authorities Law § 1007: Acquisition of property

§ 1007. Acquisition of property. If, for any of the purposes

hereunder, including temporary construction purposes and the making of

additions or improvements, the authority shall find it necessary or

convenient for it to acquire any real property as herein defined,

whether for immediate or future use, then the authority may find and

determine that such property is required for a public use, and upon such

due determination, such property shall be and shall be deemed to be

required for such public use until otherwise determined by the authority

and with the exceptions hereinafter specifically noted such

determination of fact shall not be affected by the fact that such

property has theretofore been taken for, or is then devoted to, a public

use; but the public use in the hands or under the control of the

authority shall be deemed superior to the public use in the hands of any

other person, association or corporation. If the authority is unable to

agree for the acquirement of any such property, or if the owner thereof

shall be incapable of disposing of the same, or if, after diligent

search and inquiry, the name and residence of any such owner cannot be

ascertained, or if any such property has been acquired or attempted to

be acquired and title or other rights therein have been found to be

invalid or defective, the authority may acquire such property by

condemnation under and pursuant to the provisions of this title.

1. When any real property within this state is sought to be acquired

by condemnation, the authority shall cause a survey and map to be made

thereof, and shall cause such survey and map to be filed in its office.

There shall be annexed to such survey and map a certificate executed by

the chief engineer of the authority, or by such other officer or

employee as may be designated by the trustees, stating that the property

or interest therein described in such survey and map are necessary for

its purposes.

2. Upon filing such survey and map the authority shall petition a

special term of the supreme court held in the judicial district in which

the property is located, or the county court of any county where such

property is located, for the condemnation of such property or interest

therein, as have not been otherwise acquired. Such petition shall be

generally in the form prescribed by section four of the condemnation

law, so far as consistent herewith. Such petition, together with a

notice of pendency of the proceeding, shall be filed in the office of

the county clerk of such county and shall be indexed and recorded as

provided by law. A copy of such petition together with a notice of the

presentation thereof to such special term of the supreme court or to the

county court shall be served upon the owners as provided in sections

five and six of the condemnation law. The authority may cause a

duplicate original affidavit of the service thereof to be recorded in

the books used for recording deeds in the office of the county clerk of

the county wherein the property described in such notice is situated,

and the recording of such affidavit shall be prima facie evidence of due

service thereof.

3. At any time after the recording of the petition and notice as above

provided the authority may enter upon and use and occupy all the parcels

of real estate described in the proceedings for the condemnation

thereof, provided that it shall first deposit with the court a sum equal

to the assessed valuation of such real property, or in the event that

the assessed valuation thereof cannot readily be ascertained, such sum

as in its judgment shall be sufficient as compensation for the real

property acquired. The sum so deposited shall be applied as provided in

section twenty-four of the condemnation law. Upon the recording of the

petition and notice and the making of the deposit, the owner or person

in possession of such real property shall deliver possession thereof to

the authority upon demand, and in case possession is not delivered when

demanded, or demand is not convenient because of absence of the owner or

inability to locate or determine the owner, the authority may apply to

the court without notice for an order requiring the sheriff to put it

into possession of such real property. Such an order must be executed as

if it were an execution for the delivery of the possession of the

property.

4. The proceedings thereafter shall be in the manner prescribed by the

condemnation law so far as consistent herewith.

5. The commissioners appointed to ascertain and determine the

compensation which ought justly to be made to the owners of property or

interests therein appraised by them as provided in section thirteen of

the condemnation law shall make their report of the value thereof to the

supreme court within one hundred days from the date of their

qualification.

6. The persons or corporations whose property shall have been taken by

condemnation and who shall have agreed upon the compensation to be paid

therefor in settlement of the proceeding, or to whom an award of

compensation shall have been made by the court, shall be entitled to

payment of the agreed or awarded compensation within three calendar

months after the date of the agreement upon the amount of the

compensation or of the entry of the order confirming the report of the

commissioners of appraisal, together with interest upon the amount of

such compensation from the time of the entry and appropriation thereof

by the authority, to the date of payment of such compensation; but such

interest shall cease upon the service by the authority, upon the person

or corporation entitled thereto, of a fifteen days' notice that the

authority is ready and willing to pay the amount of such compensation

upon the presentation of proper proofs and vouchers. Such notice shall

be served personally or by registered mail and publication thereof at

least once a week for three successive weeks in a daily newspaper,

having a general circulation in the county where such property or any

part thereof is located.

7. The authority may, at its option, acquire such real property within

the state of New York, under the general condemnation law or, in the

event it is a licensee of the federal power commission it may acquire

such real property as is necessary for its purposes through the exercise

of the right of eminent domain as provided in section twenty-one of the

federal power act, as amended.

8. The authority and its duly authorized agents and employees may

enter upon any real property for the purpose of making the surveys or

maps mentioned in this section, or for such other surveys or

examinations of real property as may be necessary or convenient for the

purposes of this title.

9. The term "real property" as used in this title is defined to

include lands, 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,

rights of way, uses, leases, licenses and all other incorporeal

hereditaments and every estate, interest or right, legal or equitable,

including terms for years and liens thereon by way of judgments,

mortgages or otherwise, and also all claims for damages for such real

estate.

10. The authority may determine what real property is reasonably

necessary for the construction or operation of any project authorized by

this title including transmission facilities. If funds are made

available by the authority to the state for payment of the cost and

expense of the acquisition thereof, the commissioner of transportation,

when requested by the authority, shall acquire such real property in the

name of the state by appropriation and, where necessary, remove the

owner or occupant thereof and obtain possession, according to the

procedure provided by section thirty of the highway law, insofar as the

same may be applicable. The authority shall have the right to possess

and use for its corporate purposes, so long as its corporate existence

shall continue, all such real property and rights in real property so

acquired.

Claims for the value of the property appropriated and for legal

damages caused by any such appropriation shall be adjusted and

determined by the commissioner with the approval of the authority, or by

the court of claims as provided in said section thirty. When a claim has

been filed with the court of claims, the claimant shall cause a copy of

such claim to be served upon the authority and the authority shall have

the right to be represented and heard before said court. All awards and

judgements arising from such claims shall be paid out of moneys of the

authority.

The authority may determine whether any property appropriated pursuant

to this section, while under its jurisdiction, should be sold or

exchanged in whole or in part, on terms beneficial to the state and the

authority, and in all cases where such a determination is made, the

authority may sell or exchange such property. Where the authority finds

it practicable and reasonable, the former owner, from whom the property

was appropriated, his heirs, successors in interest and assigns, shall

be given the first opportunity to purchase such property at its fair

market value. In order to carry any such sale or exchange into effect

the authority is hereby authorized to execute and deliver in the name of

the people of the state a quit claim of such property. Money proceeds of

any such sale shall be retained by the authority. Title to property

received upon such exchange shall be acquired in the name of the state,

and the authority shall have the same rights of occupation and use

thereof and shall be vested with the same rights with respect thereto as

is provided in this section and in section one thousand eight as to

property of the state. Where property appropriated pursuant to this

section is required by the Saint Lawrence Seaway Development

Corporation, created pursuant to public law three hundred fifty-eight of

the 83rd Congress, or any successor corporation, the authority may

convey such property to such corporation, and, if the license issued to

the authority by the federal power commission shall so require, such

conveyance may be made without consideration.

The attorney general is hereby authorized and empowered to certify to

such Saint Lawrence Seaway Development Corporation, the right, title or

interest vested in the name of the people of the state of New York in

and to property appropriated pursuant to this section and proposed to be

conveyed to such Saint Lawrence Seaway Development Corporation as

hereinbefore provided.