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This entry was published on 2014-09-22
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SECTION 21.09
Special provisions relating to the acquisition of real property
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE E, ARTICLE 21
§ 21.09. Special provisions relating to the acquisition of real
property. 1. Subject to subdivision two of this section, the trust may
acquire real property by condemnation pursuant to the provisions of the
eminent domain procedure law where not inconsistent with this article.
Prior to the commencement of any condemnation proceedings pursuant to
this section, the trust shall cause a survey and map of the property to
be condemned to be made and filed in its office and to be annexed
thereto a certificate, executed by such officer or employee as the trust
may designate, stating that the acquisition of the property described in
such survey and map has been determined by the unanimous vote of its
board of trustees to be necessary for the fulfillment of its corporate
purposes. All condemnation proceedings brought by the trust pursuant to
this section shall be brought in supreme court, New York county, and the
compensation to be paid shall be determined by the court without a jury
and without the appointment of commissioners. The court shall decree
that title to any real property subject to condemnation proceedings
brought pursuant to this section shall vest in the trust upon the entry
and filing of an order of immediate possession, granted pursuant to the
provisions of the eminent domain procedure law and providing for the
deposit required by such section; provided that the trust shall have
first complied with chapter one thousand one hundred sixty-one of the
laws of nineteen hundred seventy-one and the deposit or payment made
thereunder shall be credited against the deposit required under eminent
domain procedure law. No award of compensation shall be increased by
reason of any increase in the value of real property caused by the
actual or proposed acquisition, use, development or disposition by the
trust of any other real property.

2. The trust shall have the power to acquire by condemnation only the
real property described as follows:

Any real property situate, lying and being in the Borough of
Manhattan, City, County and State of New York, bounded and described as
follows:

BEGINNING at a point on the northerly side of 53rd Street distant 306
feet 9 inches easterly from the corner formed by the intersection of the
northerly side of 53rd Street and the easterly side of Avenue of the
Americas (formerly Sixth Avenue); running thence northerly, parallel
with Avenue of the Americas, 100 feet 5 inches to the center line of the
block between 53rd and 54th Streets;
thence easterly, along said center line of the block, 78 feet 3 inches;
thence southerly, again parallel with Avenue of the Americas, 100 feet 5
inches to the northerly side of 53rd Street; and
thence westerly along the northerly side of 53rd Street, 78 feet 3
inches to the point or place of Beginning.

3. All real property, other than the real property described in
subdivision two of this section, in or on which all or any part of a
combined-use facility is or is designed to be developed (i) shall have
been owned in fee by a participating cultural institution for a period
of at least five years prior to the date on which the trust first enters
into an agreement for the development of such facility; or (ii) shall
have been owned by the city prior to the date on which the trust or a
participating cultural institution first enters into an agreement for
the development of such facility; or (iii) the proposed use of such real
property for all or any part of the combined use facility developed or
designed to be developed on such real property shall have been approved
by the mayor by written instrument delivered to the trust and the
participating cultural institution; or (iv) with respect to a public
television station with respect to which a trust entered an agreement
prior to January first, nineteen hundred ninety such real property shall
exceed one hundred thousand square feet in area, and shall have been
owned or leased by such public television station for a period of at
least five years prior to the date on which the trust first enters into
an agreement for the development of a combined-use facility or such
public television facility or makes a loan to such station.