N.Y. Public Authorities Law § 1114-s*2: Acquisition by eminent domain

* § 1114-s. Acquisition by eminent domain. Notwithstanding any

provision of the eminent domain procedure law to the contrary, in any

proceeding brought by the authority pursuant to said law, title shall

vest in the authority and compensation shall be paid only:

1. upon a decision by the supreme court that compensation for the

property so condemned shall be determined solely by the income

capitalization method of valuation, based on the actual net income as

allowed by the public service commission, and

2. upon such court's determination of the amount of such compensation,

based upon the income capitalization method, entry of the final

judgment, the filing of the final decree, and the conclusion of any

appeal or expiration of the time to file an appeal related to the

condemnation proceeding. Should any court determine that a method of

compensation other than the income capitalization method be utilized, or

if the proposed award is more than the rate base of the assets taken in

condemnation as utilized by the public service commission in setting

rates and as certified by the public service commission, the authority

may withdraw the condemnation proceeding without prejudice or costs to

any party.

* NB There are 2 § 1114-s's