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This entry was published on 2019-12-20
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SECTION 1267
Acquisition and disposition of real property
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1267. Acquisition and disposition of real property. * 1. In addition
to the powers provided in section twelve hundred sixty-six of this title
to acquire transportation facilities, equipment and real property, the
authority may acquire, by condemnation pursuant to the eminent domain
procedure law, any real property it may deem necessary, convenient or
desirable to effectuate the purposes of this title, provided however,
that any such condemnation proceedings shall be brought only in the
supreme court and the compensation to be paid shall be ascertained and
determined by the court without a jury, and provided further that the
rate of interest paid upon any judgment or accrued claim against the
authority arising out of such condemnation proceedings shall not exceed
six per centum. Notwithstanding the foregoing provisions of this
subdivision, no real property may be acquired by the authority by
condemnation for purposes other than a transportation facility unless
the governing body of the city, village or town in which such real
property is located shall first consent to such condemnation.

* NB Effective until June 24, 2022

* 1. In addition to the powers provided in section twelve hundred
sixty-six of this title to acquire transportation facilities, equipment
and real property, the authority may acquire, by condemnation pursuant
to the condemnation law, any real property it may deem necessary,
convenient or desirable to effectuate the purposes of this title,
provided however, that any such condemnation proceedings shall be
brought only in the supreme court and the compensation to be paid shall
be ascertained and determined by the court without a jury. Notwithstand
the foregoing provisions of this subdivision one, no real property may
be acquired by the authority by condemnation for purposes other than a
transportation facility unless the governing body of the city, village
or town in which such real property is located shall first consent to
such condemnation.

* NB Effective June 24, 2022

2. Nothing herein contained shall be construed to prevent the
authority from bringing any proceedings to remove a cloud on title or
such other proceedings as it may, in its discretion, deem proper and
necessary or from acquiring any such property by negotiation or
purchase.

3. Where a person entitled to an award in the proceedings to condemn
any real property for any of the purposes of this title remains in
possession of such property after the time of the vesting of title in
the condemnor, the reasonable value of his use and occupancy of such
property subsequent to such time as fixed by agreement or by the court
in such proceedings or by any court of competent jurisdiction shall be a
lien against such award subject only to the liens of record at the time
of vesting of title in the condemnor.

4. Subject to the provisions of sections twelve hundred sixty-six and
twelve hundred sixty-six-c of this title, title to all property acquired
under this act shall vest in the authority or one of its subsidiary
corporations, or in the New York city transit authority or one of its
subsidiary corporations as the authority directs.

5. The authority may, whenever it determines that it is in the
interest of the authority, dispose of any real property or property
other than real property, which it determines is not necessary,
convenient or desirable for its purposes.

6. The authority may, whenever it shall determine that it is in the
interest of the authority, rent, lease, or grant easements or other
rights in, any land or property of the authority.