Section 112-A. Certain acquisitions by eminent domain  


Latest version.
  • Notwithstanding any
      provision of the eminent domain procedure law to the  contrary,  in  any
      proceeding  brought  pursuant  to such law, by any municipal corporation
      located in the county of  Nassau  regarding  the  Jamaica  water  supply
      company,  title shall vest in the municipal corporation and compensation
      shall be paid only (a)  upon  a  decision  by  the  supreme  court  that
      compensation for the property so condemned shall be determined solely by
      the  income  capitalization method of valuation, based on the actual net
      income as allowed by the public service commission, and  (b)  upon  such
      court's determination of the amount of such compensation, based upon the
      income capitalization method, entry of the final judgment, the filing of
      the  final decree, and the conclusion of any appeal or expiration of the
      time to file an appeal related to the  condemnation  proceeding.  Should
      any  court determine that a method of compensation other than the income
      capitalization method be utilized, or if the proposed award is more than
      the rate base of the assets taken in condemnation  as  utilized  by  the
      public  service  commission  in  setting  rates  and as certified by the
      public service commission, the municipal corporation  may  withdraw  the
      condemnation proceeding without prejudice or costs to any party.