Section 1267. Acquisition and disposition of real property  


Latest version.
  • 1. In addition
      to the powers provided in section twelve hundred sixty-six of this title
      to acquire transportation facilities, equipment and real  property,  the
      authority may acquire, by condemnation pursuant to the condemnation law,
      any  real  property  it  may  deem necessary, convenient or desirable to
      effectuate the purposes of this title, provided however, that  any  such
      condemnation  proceedings shall be brought only in the supreme court and
      the compensation to be paid shall be ascertained and determined  by  the
      court  without  a  jury.  Notwithstand  the foregoing provisions of this
      subdivision one, no real property may be acquired by  the  authority  by
      condemnation  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 condemnation.
        2.  Nothing  herein  contained  shall  be  construed  to  prevent  the
      authority from bringing any proceedings to remove a cloud  on  title  or
      such  other  proceedings  as  it may, in its discretion, deem proper and
      necessary  or  from  acquiring  any  such  property  by  negotiation  or
      purchase.
        3.  Where  a person entitled to an award in the proceedings to condemn
      any real property for any of the  purposes  of  this  title  remains  in
      possession  of  such  property after the time of the vesting of title in
      the condemnor, the reasonable value of his use  and  occupancy  of  such
      property  subsequent  to such time as fixed by agreement or by the court
      in such proceedings or by any court of competent jurisdiction shall be a
      lien against such award subject only to the liens of record at the  time
      of vesting of title in the condemnor.
        4.  Subject to the provisions of sections twelve hundred sixty-six and
      twelve hundred sixty-six-c of this title, title to all property acquired
      under this act shall vest in the authority  or  one  of  its  subsidiary
      corporations,  or  in  the New York city transit authority or one of its
      subsidiary corporations as the authority directs.
        5. The authority may,  whenever  it  determines  that  it  is  in  the
      interest  of  the  authority,  dispose  of any real property or property
      other  than  real  property,  which  it  determines  is  not  necessary,
      convenient or desirable for its purposes.
        6.  The  authority  may, whenever it shall determine that it is in the
      interest of the authority, rent, lease,  or  grant  easements  or  other
      rights in, any land or property of the authority.