Section 1267-A. 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
      commissioner 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 commissioner 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. The provisions of this section shall not be applicable
      to the acquisition or disposition of  real  property  required  for  the
      construction  of  the  two  highway  bridges  crossing Long Island sound
      referred to in section twelve hundred sixty-six  of  this  chapter.  The
      authority  shall  be  empowered  to lease for such other purposes as the
      authority may determine any part or parts of Republic airport not needed
      for transportation purposes.