N.Y. Public Authorities Law § 158-b: Acquisition of real property

* § 158-b. Acquisition of real property. 1. The authority shall have

power from time to time to acquire, in the name of the state, real

property necessary in order to carry out its corporate purposes or

exercise of the powers granted by sections one hundred fifty-three-b and

one hundred fifty-eight-c of this title, by purchase, gift, devise or

condemnation pursuant to the provisions for the acquisition of real

property for public use provided for in the Nassau county administrative

code (chapter two hundred seventy-two of the laws of nineteen hundred

thirty-nine, as amended), except as otherwise provided by this section.

2. In exercising the powers of condemnation pursuant to the Nassau

county administrative code

(a) The function of the board of supervisors shall be exercised by the

board of the authority;

(b) The functions of the other county officials and employees referred

to therein shall be exercised by such officers, agents or employees of

the authority as the authority shall direct;

(c) "court" shall mean the supreme court in and for the county of

Nassau;

(d) The map of the real property affected by the acquisition required

by section eleven-twenty-two-zero of the said Nassau county

administrative code shall be filed only in the office of the county

clerk. Notice of such filing shall be given in the manner provided in

said section but no notice of hearing on such map shall be given nor

shall a hearing on such map be required;

(e) The authority shall furnish to the court such maps, surveys,

diagrams or plans as shall be required for the purpose of this section.

(f) No part of the cost of acquisition shall be assessed on real

property benefited thereby.

(g) With the consent of the county executive of the county of Nassau,

the authority may designate the county attorney of the county of Nassau

to conduct any such acquisition proceeding, paying to the county such

compensation for such services as may be agreed upon, together with all

costs and expenses payable or incurred by the county attorney in

connection with such proceeding, as certified by the comptroller of said

county.

(h) Where the compensation to be paid to owners of real property

acquired has not been determined by agreement or settlement it shall be

determined by the supreme court without a jury.

(i) The county board of assessors shall furnish to the attorney acting

for the authority a duplicate copy of the tax map of the county relating

to the real property to be acquired at the request of the attorney

acting for the authority and the county clerk shall furnish such

attorney block and lot maps relating to such real property and shall

furnish information necessary to keep the maps furnished as accurate as

practicable.

(j) All costs and expenses incurred in connection with the acquisition

of real property by the authority, of any officers, employees, or

departments of the county, including such amount of the salaries of such

officers or employees as may be agreed between the authority and the

county of Nassau, shall be paid by the authority forthwith upon the

certification to the chairman of the authority by the county comptroller

of the amounts of such costs and expenses.

(k) All compensation for the acquisition of property and damages shall

be paid by the authority.

3. The county of Nassau or any municipal corporation may acquire by

purchase, gift, devise or condemnation real property necessary for the

improvements authorized in paragraphs one to five inclusive of section

one hundred fifty-three-b of this title and may donate or dedicate such

real property to the state or may release to the state for such

improvements existing rights of way or easements not required for county

or municipal purposes; the county of Nassau and any such municipal

corporation may agree with the authority for the transfer of any real

property acquired or to be acquired by the county or such municipality

to the authority upon payment by the authority of such part of the cost

of such real property to the county or such municipality as may be

agreed.

* NB (Authority abolished June 30, 1978)