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This entry was published on 2014-09-22
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Acquisition and disposition of real property
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-A
§ 1299-g. Acquisition and disposition of real property. 1. In addition
to the powers provided in section twelve hundred ninety-nine-f 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 purpose 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. Notwithstanding 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.

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

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

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. Provided, however, that the
authority shall provide the county, city, town, and village in which the
real property is situated with sixty days notice prior to offering such
property for disposition or sale.

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.