N.Y. Public Authorities Law § 1267-a: Acquisition and disposition of real property by department of transportation

§ 1267-a. Acquisition and disposition of real property by department

of transportation. If funds are made available by the authority for the

payment of the cost and expense of the acquisition thereof, the

commissioner of transportation of the state of New York, when requested

by the authority, may acquire such real property in the name of the

state as may be determined from time to time by the authority as being

necessary, convenient or desirable to effectuate the purposes of this

title, may remove the owner or occupant thereof where necessary and

obtain possession and, when requested by the authority, may dispose of

any real property so acquired, all according to the procedure provided

in section thirty of the highway law. The authority shall have the right

to possess and use for its corporate purposes all such 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 such commissioner with the approval of the authority or by

the court of claims as provided in section thirty of the highway law.

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 such

court. All awards and judgments arising from such claims shall be paid

out of moneys of the authority. No real property may be acquired

pursuant to the provisions of this section 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 acquisition. The provisions of this section shall not be applicable

to the acquisition or disposition of real property required for the

construction of the two highway bridges crossing Long Island sound

referred to in section twelve hundred sixty-six of this chapter. The

authority shall be empowered to lease for such other purposes as the

authority may determine any part or parts of Republic airport not needed

for transportation purposes.