Section 158-B. Acquisition of real property  


Latest version.
  • 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)