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This entry was published on 2014-09-22
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SECTION 1182
Acquisition of lands
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8
§ 1182. Acquisition of lands. The city shall have the power to acquire
by purchase or eminent domain proceedings either the fee or such right,
title, interest or easement in such lands as the authority may deem
necessary for any of the purposes mentioned in this title, whether
within or without the city, and such lands or interest in such lands may
be so acquired whether or not the same are owned or held for public use
by corporations, associations or persons having the power of eminent
domain or otherwise held or used for public purposes, including lands
held or used for cemetery purposes. Whenever the authority shall
determine by resolution and certify to the common council of the city
that it is necessary to acquire the fee of or such right, title,
interest or easement as shall be specified in such resolution, in any
lands for any of the purposes mentioned in this title, the city may
purchase such lands or the common council may pass a resolution that it
has so determined to take such lands describing them and the estate to
be taken therein. Upon such resolution becoming of force, the
corporation counsel of the city shall proceed as directed by section
three hundred and seventy-four of the charter and all of the proceedings
had subsequent to the adoption of such resolution of determination for
the acquisition of such lands shall be in the manner prescribed by such
section three hundred and seventy-four and subsequent sections of
article twenty-one of the charter, provided that it shall be unnecessary
for the board of assessors of the city to certify and report to the
common council the district benefited and assessed therefor, nor to
adopt a resolution of intention or publish the same, and provided that a
resolution as provided for by section three hundred and eighty-one of
the charter, directing the corporation counsel to apply for the
confirmation of the whole or any part of the decision in such
proceedings, may be adopted without the certificate mentioned in such
section, that funds have been appropriated or are available; and further
provided that the provision of such section relative to the providing of
funds shall not apply to the proceeding or proceedings authorized by
this title. Such fee, right, title, interest or easement in or to said
lands shall be taken in the name of the city and payment therefor shall
be made by the authority. The power hereby conferred upon the city shall
not limit or restrict the power of the authority itself to acquire
lands, or any right, title, interest or easement therein in the name of
the city. Forthwith upon the acquisition by the city, or by the
authority in the name of the city, of any such fee, right, title,
interest or easement, the same shall, without further act, but by virtue
of this title, be and become dedicated to the uses and purposes of the
authority.