1. The Laws of New York
  2. Consolidated Laws
  3. Public Authorities
  4. Article 5: Public Utility Authorities
  5. Title 8: Buffalo Sewer Authority


Section 1182 Acquisition of lands

Public Authorities (PBA)

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.