N.Y. Public Authorities Law § 1299-gg: Acquisition and disposition of real property by department of transportation

* § 1299-gg. 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 department 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 department 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.

* NB There are 2 § 1299-gg's