Laws of New York (Last Updated: November 21, 2014) |
PBA Public Authorities |
Article 2. PARK, PARKWAY AND HIGHWAY AUTHORITIES |
Title 3. JONES BEACH STATE PARKWAY AUTHORITY |
Section 158-B. Acquisition of real property
Latest version.
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1. The authority shall have power from time to time to acquire, in the name of the state, real property necessary in order to carry out its corporate purposes or exercise of the powers granted by sections one hundred fifty-three-b and one hundred fifty-eight-c of this title, by purchase, gift, devise or condemnation pursuant to the provisions for the acquisition of real property for public use provided for in the Nassau county administrative code (chapter two hundred seventy-two of the laws of nineteen hundred thirty-nine, as amended), except as otherwise provided by this section. 2. In exercising the powers of condemnation pursuant to the Nassau county administrative code (a) The function of the board of supervisors shall be exercised by the board of the authority; (b) The functions of the other county officials and employees referred to therein shall be exercised by such officers, agents or employees of the authority as the authority shall direct; (c) "court" shall mean the supreme court in and for the county of Nassau; (d) The map of the real property affected by the acquisition required by section eleven-twenty-two-zero of the said Nassau county administrative code shall be filed only in the office of the county clerk. Notice of such filing shall be given in the manner provided in said section but no notice of hearing on such map shall be given nor shall a hearing on such map be required; (e) The authority shall furnish to the court such maps, surveys, diagrams or plans as shall be required for the purpose of this section. (f) No part of the cost of acquisition shall be assessed on real property benefited thereby. (g) With the consent of the county executive of the county of Nassau, the authority may designate the county attorney of the county of Nassau to conduct any such acquisition proceeding, paying to the county such compensation for such services as may be agreed upon, together with all costs and expenses payable or incurred by the county attorney in connection with such proceeding, as certified by the comptroller of said county. (h) Where the compensation to be paid to owners of real property acquired has not been determined by agreement or settlement it shall be determined by the supreme court without a jury. (i) The county board of assessors shall furnish to the attorney acting for the authority a duplicate copy of the tax map of the county relating to the real property to be acquired at the request of the attorney acting for the authority and the county clerk shall furnish such attorney block and lot maps relating to such real property and shall furnish information necessary to keep the maps furnished as accurate as practicable. (j) All costs and expenses incurred in connection with the acquisition of real property by the authority, of any officers, employees, or departments of the county, including such amount of the salaries of such officers or employees as may be agreed between the authority and the county of Nassau, shall be paid by the authority forthwith upon the certification to the chairman of the authority by the county comptroller of the amounts of such costs and expenses. (k) All compensation for the acquisition of property and damages shall be paid by the authority. 3. The county of Nassau or any municipal corporation may acquire by purchase, gift, devise or condemnation real property necessary for the improvements authorized in paragraphs one to five inclusive of section one hundred fifty-three-b of this title and may donate or dedicate such real property to the state or may release to the state for such improvements existing rights of way or easements not required for county or municipal purposes; the county of Nassau and any such municipal corporation may agree with the authority for the transfer of any real property acquired or to be acquired by the county or such municipality to the authority upon payment by the authority of such part of the cost of such real property to the county or such municipality as may be agreed. * NB (Authority abolished June 30, 1978)