Section 358. Acquisition of real property by the commissioner  


Latest version.
  • 1. On
      assuming jurisdiction of a thruway section or  connection  or  any  part
      thereof, or of a highway connection, the authority may from time to time
      determine   what  real  property  is  necessary  for  the  construction,
      improvement  and  operation  thereof,  in  addition  to  real   property
      theretofore  acquired  by  the state. If funds are made available by the
      authority for payment  of  the  cost  and  expense  of  the  acquisition
      thereof,  the commissioner when requested by the authority shall acquire
      such real property in the name of the state by appropriation, and, where
      necessary, remove the owner or occupant thereof  and  obtain  possession
      according to the procedure provided by section three hundred forty-seven
      of  the  highway  law. The authority shall have the right to possess and
      use for its corporate purposes so long as its corporate existence  shall
      continue all such real property and rights in real property so acquired.
        2.  Claims  for  the  value of the property appropriated and for legal
      damages  caused  by  any  such  appropriation  shall  be  adjusted   and
      determined by the commissioner with the approval of the authority, or by
      the   court  of  claims  as  provided  in  said  section  three  hundred
      forty-seven. When a claim has been filed with the court of  claims,  the
      claimant  shall  cause  a  copy  of  such  claim  to  be served upon the
      authority and the authority shall have the right to be  represented  and
      heard  before  said  court.  All  awards and judgments arising from such
      claims shall be paid out of moneys of the authority.