Section 21.09. Special provisions relating to the acquisition of real property

1. Subject to subdivision two of this section, the trust  may  acquire  real property by condemnation pursuant to the provisions of the
  eminent domain procedure law where not inconsistent with  this  article.
  Prior  to  the  commencement of any condemnation proceedings pursuant to
  this section, the trust shall cause a survey and map of the property  to
  be  condemned  to  be  made  and  filed  in its office and to be annexed
  thereto a certificate, executed by such officer or employee as the trust
  may designate, stating that the acquisition of the property described in
  such survey and map has been determined by the  unanimous  vote  of  its
  board  of  trustees to be necessary for the fulfillment of its corporate
  purposes. All condemnation proceedings brought by the trust pursuant  to
  this section shall be brought in supreme court, New York county, and the
  compensation  to be paid shall be determined by the court without a jury
  and without the appointment of commissioners.  The  court  shall  decree
  that  title  to  any  real  property subject to condemnation proceedings
  brought pursuant to this section shall vest in the trust upon the  entry
  and  filing of an order of immediate possession, granted pursuant to the
  provisions of the eminent domain procedure law  and  providing  for  the
  deposit  required  by  such  section; provided that the trust shall have
  first complied with chapter one thousand one hundred  sixty-one  of  the
  laws  of  nineteen  hundred  seventy-one and the deposit or payment made
  thereunder shall be credited against the deposit required under  eminent
  domain  procedure  law.  No  award of compensation shall be increased by
  reason of any increase in the value  of  real  property  caused  by  the
  actual  or  proposed acquisition, use, development or disposition by the
  trust of any other real property.
    2. The trust shall have the power to acquire by condemnation only  the
  real property described as follows:
    Any  real  property  situate,  lying  and  being  in  the  Borough  of
  Manhattan, City, County and State of New York, bounded and described  as
  follows:
    BEGINNING  at a point on the northerly side of 53rd Street distant 306
  feet 9 inches easterly from the corner formed by the intersection of the
  northerly side of 53rd Street and the easterly side  of  Avenue  of  the
  Americas  (formerly  Sixth  Avenue);  running thence northerly, parallel
  with Avenue of the Americas, 100 feet 5 inches to the center line of the
  block between 53rd and 54th Streets;
  thence easterly, along said center line of the block, 78 feet 3 inches;
  thence southerly, again parallel with Avenue of the Americas, 100 feet 5
  inches to the northerly side of 53rd Street; and
  thence westerly along the northerly side  of  53rd  Street,  78  feet  3
  inches to the point or place of Beginning.
    3.  All  real  property,  other  than  the  real property described in
  subdivision two of this section, in or on which all or  any  part  of  a
  combined-use  facility  is or is designed to be developed (i) shall have
  been owned in fee by a participating cultural institution for  a  period
  of at least five years prior to the date on which the trust first enters
  into  an  agreement  for the development of such facility; or (ii) shall
  have been owned by the city prior to the date on which the  trust  or  a
  participating  cultural  institution  first enters into an agreement for
  the development of such facility; or (iii) the proposed use of such real
  property for all or any part of the combined use facility  developed  or
  designed  to be developed on such real property shall have been approved
  by the mayor by written  instrument  delivered  to  the  trust  and  the
  participating  cultural  institution;  or  (iv) with respect to a public
  television station with respect to which a trust  entered  an  agreement
  prior to January first, nineteen hundred ninety such real property shall

  exceed  one  hundred  thousand  square feet in area, and shall have been
  owned or leased by such public television station for  a  period  of  at
  least  five years prior to the date on which the trust first enters into
  an  agreement  for  the  development  of a combined-use facility or such
  public television facility or makes a loan to such station.