Section 1299-GG. Acquisition and disposition of real property by department of transportation  


Latest version.
  • If  funds  are  made  available  by  the  authority  for  the  payment  of the cost and expense of the acquisition
      thereof, the department of transportation of the state of New York, when
      requested by the authority, may acquire such real property in  the  name
      of  the state as may be determined from time to time by the authority as
      being necessary, convenient or desirable to effectuate the  purposes  of
      this title, may remove the owner or occupant thereof where necessary and
      obtain  possession  and, when requested by the authority, may dispose of
      any real property so acquired, all according to the  procedure  provided
      in section thirty of the highway law. The authority shall have the right
      to  possess and use for its corporate purposes all such real property so
      acquired. Claims for the value of  the  property  appropriated  and  for
      legal  damages  caused  by  any such appropriation shall be adjusted and
      determined by such department with the approval of the authority  or  by
      the  court  of  claims as provided in section thirty of the highway law.
      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 such
      court. All awards and judgments arising from such claims shall  be  paid
      out  of  moneys  of  the  authority.  No  real  property may be acquired
      pursuant to the provisions of this section for  purposes  other  than  a
      transportation  facility  unless the governing body of the city, village
      or town in which such real property is located shall  first  consent  to
      such acquisition.
        * NB There are 2 § 1299-gg's