N.Y. Public Authorities Law § 2466: The acquisition of real property

* § 2466. The acquisition of real property. 1. The authority may from

time to time determine what real property is necessary for the

construction, improvement and operation of a sports facility and for

parking and access thereto. If funds are made available by the authority

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

commissioner of transportation when requested by the authority shall

acquire such real property in the name of the state by appropriation,

and, when necessary, remove the owner or occupant thereof and obtain

possession for the authority according to the procedure provided by

section three hundred forty-seven of the highway law. The authority

shall have the right to possess and use for its corporate purposes so

long as its corporate existence shall continue all such real property

and rights in real property so acquired.

2. Claims for the value of the property appropriated and for legal

damages caused by any such appropriation shall be adjusted and

determined by the commissioner of transportation with the approval of

the authority, or by the court of claims as provided in said section

three hundred forty-seven 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 said court. All awards and

judgments arising from such claims shall be paid out of moneys of the

authority.

3. The authority may also, and in any case, acquire real property in

the name of the authority by deed and may pay such price therefor as

shall be agreed with the owner thereof.

4. A participating municipality may, by resolution of its governing

body or in the case of the city of New York, the board of estimate,

convey by deed, with or without consideration, to the authority for so

long as its corporate existence shall continue, any lands owned by the

municipality. In the event the authority shall determine the land is

excess and is no longer required for authority purposes, it shall

reconvey the property with any improvements thereon to the municipality.

5. After consultation with the participating municipality, the

authority shall, in constructing, reconstructing, rehabilitating,

altering or improving any project, comply with the requirements of local

laws, ordinances, codes, charters or regulations applicable to such

construction, reconstruction, rehabilitation, alteration or improvement,

provided, however, that when, in the discretion of the authority, such

compliance is not feasible or practicable, the authority shall comply

with the requirements of the state building code, formulated by the

state building code council pursuant to article eighteen of the

executive law, applicable to such construction, reconstruction,

rehabilitation, alteration or improvement.

6. (a) All contracts for the construction, reconstruction,

rehabilitation or improvement of buildings or structures let by the

authority shall comply with the applicable provisions of section one

hundred thirty-five of the state finance law. The authority in preparing

separate specifications may provide for assignment of responsibility for

coordination of any of the contracts for such work to a responsible

person, firm or corporation.

(b) The authority shall not award any construction contract except to

the lowest bidder who in its opinion is qualified to perform the work

required and is responsible and reliable. The authority may, however,

reject all bids or waive any informality in a bid if it believes that

the public interest will be promoted thereby. The authority may reject

any bid if in its judgment the business and technical organization,

plant, resources, financial standing or experience of the bidder,

compared with the work to be performed, justifies such rejection.

(c) Any construction contract awarded by the authority shall contain

such other terms and conditions, and such provisions for penalties, as

the authority may deem desirable.

* NB (Disbanded March, 1980)