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This entry was published on 2014-09-22
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SECTION 1286
Acquisition and disposition of real property
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 12
§ 1286. Acquisition and disposition of real property. 1. The
corporation may acquire, by purchase, gift, grant, transfer, contract or
lease, or 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.

2. 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.

3. Title to all property acquired under this act shall vest in the
corporation.

4. Notwithstanding the provisions of any general, special or local law
or charter, any municipality, by resolution of its governing body, is
hereby empowered without referendum and without the consent of any
board, officer or other agency of the state, to sell, lease, lend, grant
or convey to the corporation, or to permit the corporation to use,
maintain or operate as part of a sewage treatment works or solid waste
disposal facility, any real or personal property owned by it, including
all or any part of any such facilities, which may be necessary or useful
and convenient for the purposes of the corporation and which may be
accepted by the corporation. Any such sale, lease, loan, grant,
conveyance or permit may be made with or without consideration and for a
specified or an unlimited period of time and under any agreement and on
any terms and conditions which may be approved by such municipality and
which may be agreed to by the corporation in conformity with its
contracts with the holders of its bonds and notes, the corporation may
enter into and perform any and all agreements with respect to property
so accepted by it, including agreements for the operation and
maintenance of such property as part of a sewage treatment works, or
solid waste disposal facility.

5. The corporation may, whenever it determines that it is in the
interest of the corporation, and subject to any existing agreement,
dispose of any real property which it determines is not necessary,
convenient or desirable for its purposes.

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