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This entry was published on 2014-09-22
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SECTION 1267-A
Acquisition and disposition of real property by department of transportation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1267-a. Acquisition and disposition of real property by department
of transportation. If funds are made available by the authority for the
payment of the cost and expense of the acquisition thereof, the
commissioner of transportation of the state of New York, when requested
by the authority, may acquire such real property in the name of the
state as may be determined from time to time by the authority as being
necessary, convenient or desirable to effectuate the purposes of this
title, may remove the owner or occupant thereof where necessary and
obtain possession and, when requested by the authority, may dispose of
any real property so acquired, all according to the procedure provided
in section thirty of the highway law. The authority shall have the right
to possess and use for its corporate purposes all such real property so
acquired. Claims for the value of the property appropriated and for
legal damages caused by any such appropriation shall be adjusted and
determined by such commissioner with the approval of the authority or by
the court of claims as provided in section thirty of the highway law.
When a claim has been filed with the court of claims, the claimant shall
cause a copy of such claim to be served upon the authority and the
authority shall have the right to be represented and heard before such
court. All awards and judgments arising from such claims shall be paid
out of moneys of the authority. No real property may be acquired
pursuant to the provisions of this section 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 acquisition. The provisions of this section shall not be applicable
to the acquisition or disposition of real property required for the
construction of the two highway bridges crossing Long Island sound
referred to in section twelve hundred sixty-six of this chapter. The
authority shall be empowered to lease for such other purposes as the
authority may determine any part or parts of Republic airport not needed
for transportation purposes.