N.Y. Public Authorities Law § 1267: Acquisition and disposition of real property

§ 1267. Acquisition and disposition of real property. * 1. In addition

to the powers provided in section twelve hundred sixty-six of this title

to acquire transportation facilities, equipment and real property, the

authority may acquire, by condemnation pursuant to the eminent domain

procedure law, any real property it may deem necessary, convenient or

desirable to effectuate the purposes of this title, provided however,

that any such condemnation proceedings shall be brought only in the

supreme court and the compensation to be paid shall be ascertained and

determined by the court without a jury, and provided further that the

rate of interest paid upon any judgment or accrued claim against the

authority arising out of such condemnation proceedings shall not exceed

six per centum. Notwithstanding the foregoing provisions of this

subdivision, no real property may be acquired by the authority by

condemnation for purposes other than a transportation facility unless

the governing body of the city, village or town in which such real

property is located shall first consent to such condemnation.

* NB Effective until June 24, 2028

* 1. In addition to the powers provided in section twelve hundred

sixty-six of this title to acquire transportation facilities, equipment

and real property, the authority may acquire, by condemnation pursuant

to the condemnation law, any real property it may deem necessary,

convenient or desirable to effectuate the purposes of this title,

provided however, that any such condemnation proceedings shall be

brought only in the supreme court and the compensation to be paid shall

be ascertained and determined by the court without a jury. Notwithstand

the foregoing provisions of this subdivision one, no real property may

be acquired by the authority by condemnation for purposes other than a

transportation facility unless the governing body of the city, village

or town in which such real property is located shall first consent to

such condemnation.

* NB Effective June 24, 2028

2. Nothing herein contained shall be construed to prevent the

authority from bringing any proceedings to remove a cloud on title or

such other proceedings as it may, in its discretion, deem proper and

necessary or from acquiring any such property by negotiation or

purchase.

3. Where a person entitled to an award in the proceedings to condemn

any real property for any of the purposes of this title remains in

possession of such property after the time of the vesting of title in

the condemnor, the reasonable value of his use and occupancy of such

property subsequent to such time as fixed by agreement or by the court

in such proceedings or by any court of competent jurisdiction shall be a

lien against such award subject only to the liens of record at the time

of vesting of title in the condemnor.

4. Subject to the provisions of sections twelve hundred sixty-six and

twelve hundred sixty-six-c of this title, title to all property acquired

under this act shall vest in the authority or one of its subsidiary

corporations, or in the New York city transit authority or one of its

subsidiary corporations as the authority directs.

5. The authority may, whenever it determines that it is in the

interest of the authority, dispose of any real property or property

other than real property, which it determines is not necessary,

convenient or desirable for its purposes.

6. The authority may, whenever it shall determine that it is in the

interest of the authority, rent, lease, or grant easements or other

rights in, any land or property of the authority.