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The acquisition of real property
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 19
* § 2466. The acquisition of real property. 1. The authority may from
time to time determine what real property is necessary for the
construction, improvement and operation of a sports facility and for
parking and access thereto. If funds are made available by the authority
for payment of the cost and expense of the acquisition thereof, the
commissioner of transportation when requested by the authority shall
acquire such real property in the name of the state by appropriation,
and, when necessary, remove the owner or occupant thereof and obtain
possession for the authority according to the procedure provided by
section three hundred forty-seven of the highway law. The authority
shall have the right to possess and use for its corporate purposes so
long as its corporate existence shall continue all such real property
and rights in real property so acquired.

2. Claims for the value of the property appropriated and for legal
damages caused by any such appropriation shall be adjusted and
determined by the commissioner of transportation with the approval of
the authority, or by the court of claims as provided in said section
three hundred forty-seven 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 said court. All awards and
judgments arising from such claims shall be paid out of moneys of the

3. The authority may also, and in any case, acquire real property in
the name of the authority by deed and may pay such price therefor as
shall be agreed with the owner thereof.

4. A participating municipality may, by resolution of its governing
body or in the case of the city of New York, the board of estimate,
convey by deed, with or without consideration, to the authority for so
long as its corporate existence shall continue, any lands owned by the
municipality. In the event the authority shall determine the land is
excess and is no longer required for authority purposes, it shall
reconvey the property with any improvements thereon to the municipality.

5. After consultation with the participating municipality, the
authority shall, in constructing, reconstructing, rehabilitating,
altering or improving any project, comply with the requirements of local
laws, ordinances, codes, charters or regulations applicable to such
construction, reconstruction, rehabilitation, alteration or improvement,
provided, however, that when, in the discretion of the authority, such
compliance is not feasible or practicable, the authority shall comply
with the requirements of the state building code, formulated by the
state building code council pursuant to article eighteen of the
executive law, applicable to such construction, reconstruction,
rehabilitation, alteration or improvement.

6. (a) All contracts for the construction, reconstruction,
rehabilitation or improvement of buildings or structures let by the
authority shall comply with the applicable provisions of section one
hundred thirty-five of the state finance law. The authority in preparing
separate specifications may provide for assignment of responsibility for
coordination of any of the contracts for such work to a responsible
person, firm or corporation.

(b) The authority shall not award any construction contract except to
the lowest bidder who in its opinion is qualified to perform the work
required and is responsible and reliable. The authority may, however,
reject all bids or waive any informality in a bid if it believes that
the public interest will be promoted thereby. The authority may reject
any bid if in its judgment the business and technical organization,
plant, resources, financial standing or experience of the bidder,
compared with the work to be performed, justifies such rejection.

(c) Any construction contract awarded by the authority shall contain
such other terms and conditions, and such provisions for penalties, as
the authority may deem desirable.

* NB (Disbanded March, 1980)