N.Y. Public Health Law § 1104: Sewage removal or purification; condemnation of property

§ 1104. Sewage removal or purification; condemnation of property. 1.

When the department or the commissioner of environmental protection of

the city of New York, or the board of water supply of the city of New

York, shall, for the protection of a water supply from contamination,

makes orders or regulations the execution of which will require or make

necessary the construction and maintenance of any system of sewerage, or

a change thereof, in or for any village or hamlet, whether incorporated

or unincorporated, or the execution of which will require the providing

of some public means of removal or purification of sewage, the

municipality, corporation, state or United States or state or United

States institution, park, reservation or post owning the waterworks

benefited thereby shall, at its own expense, construct and maintain such

system of sewerage, or change thereof, and provide and maintain such

means of removal and purification of sewage and such works or means of

sewage disposal as shall be approved by the department. For such

purpose said municipality, corporation, state or United States or state

or United States institution, park, reservation or post, may acquire, by

condemnation the necessary real estate or interest therein or the

easement or use thereof whether now used for public or private purposes.

2. When the execution of any such regulations of the department, or

the commissioner of environmental protection of the city of New York, or

the board of water supply of the city of New York will occasion or

require the removal of any building or buildings, the municipality,

corporation, state or state institution, park, reservation or post

owning the waterworks benefited thereby shall, at its own expense,

remove such buildings and pay to the owner thereof all damages

occasioned by such removal.

3. When the execution of any such regulation will injuriously affect

any property the municipality, corporation, state or state institution,

park, reservation or post owning the waterworks benefited thereby shall

make just and adequate compensation for the property so taken or injured

and for all injuries caused to the legitimate use of operation of such

property.

4. Until such construction or change of such system or systems of

sewerage, and the providing of such means of removal or purification of

sewage, and until such works or means of sewage disposal and the removal

of any buildings are so made by the municipality, corporation, state or

state institution, park, reservation or post owning the waterworks to be

benefited thereby at its own expense, and until, except in the case of a

municipality, state or state institution, park, reservation or post, the

corporation owning the waterworks benefited shall make just and adequate

payment for all injuries to property and for all injuries caused to the

legitimate use or operation of such property, there shall be no action

or proceeding taken by any such municipality, officer, board, person,

commission or corporation against any person or corporation for the

violation of any regulation of the department under this article, and no

person or corporation shall be considered to have violated or refused to

obey any such rule or regulation.