Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 557-A
Lands, easements and rights in land
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 3, TITLE 3
§ 557-a. Lands, easements and rights in land. 1. Lands in fee simple,
easements and rights in land, including the right to cut off light, air
and access (any and all of which are in this section referred to as
"lands") shall after January first, nineteen hundred forty be acquired
as provided in this section for the project and other authorized
purposes, and the provisions of sections five hundred fifty-five, five
hundred fifty-six and five hundred fifty-seven of this chapter shall not
apply.

2. The authority may acquire lands for said project in the name of the
city at the cost and expense of the authority by purchase or
condemnation pursuant to the condemnation law. The authority shall have
the use and occupancy of such lands so long as its corporate existence
shall continue.

3. The city may, by resolution of the board of estimate, or by deed
authorized by such a resolution, convey, with or without consideration,
to the authority for the project the use and occupancy, for so long as
its corporate existence shall continue, of any lands then owned by the
city including lands which, by any other law, are inalienable by the
city, and such conveyance may reserve to the city such rights as shall
not restrict the authority in the construction, reconstruction,
operation and maintenance of the project.

4. The city may acquire lands in the name of the city for the project
or for the widening of existing roads, streets, parkways, avenues or
elevated highways or for new roads, streets, parkways, avenues or
elevated highways connecting with said project, or partly for such
purposes and partly for other city purposes, by purchase or condemnation
in the manner provided by law for the acquisition of land by the city.
Contracts may be entered into between the city and the authority
providing for the lands to be acquired by the city, and the part or
proportion of the cost and expense to be paid by the authority, the
balance to be paid by the city, and terms and conditions of payment to
be made by the authority. Such contracts may also determine the
improvements and construction to be done by the authority. Such roads,
streets, parkways, avenues and elevated highways connecting with the
project shall be operated, maintained, and reconstructed by the city,
and except for the original construction and improvement thereof by the
authority, the city shall have exclusive jurisdiction over them.

5. The mayor may authorize a contract between the city and the
authority and no other authorization on the part of the city for such a
contract shall be necessary. Any such contract may be so authorized and
entered into by the city and the payments required to be made by the
city may be made and financed notwithstanding that no provision therefor
shall have first been made in the capital budget of the city. All
contractual or other obligations of the city incurred in carrying out
the provisions of this title shall be included in and provided for by
such capital budget of the city thereafter made, to the extent that they
may appropriately be included therein.