Section 1286. Acquisition and disposition of real property  


Latest version.
  • 1. The
      corporation may acquire, by purchase, gift, grant, transfer, contract or
      lease, or 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.
        2.  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.
        3.  Title  to  all  property acquired under this act shall vest in the
      corporation.
        4. Notwithstanding the provisions of any general, special or local law
      or charter, any municipality, by resolution of its  governing  body,  is
      hereby  empowered  without  referendum  and  without  the consent of any
      board, officer or other agency of the state, to sell, lease, lend, grant
      or convey to the corporation, or  to  permit  the  corporation  to  use,
      maintain  or  operate as part of a sewage treatment works or solid waste
      disposal facility, any real or personal property owned by it,  including
      all or any part of any such facilities, which may be necessary or useful
      and  convenient  for  the  purposes  of the corporation and which may be
      accepted  by  the  corporation.  Any  such  sale,  lease,  loan,  grant,
      conveyance or permit may be made with or without consideration and for a
      specified  or an unlimited period of time and under any agreement and on
      any terms and conditions which may be approved by such municipality  and
      which  may  be  agreed  to  by  the  corporation  in conformity with its
      contracts with the holders of its bonds and notes, the  corporation  may
      enter  into  and perform any and all agreements with respect to property
      so  accepted  by  it,  including  agreements  for  the   operation   and
      maintenance  of  such  property  as part of a sewage treatment works, or
      solid waste disposal facility.
        5. The corporation may, whenever it  determines  that  it  is  in  the
      interest  of  the  corporation,  and  subject to any existing agreement,
      dispose of any real property  which  it  determines  is  not  necessary,
      convenient or desirable for its purposes.
        6.  The corporation may, whenever it shall determine that it is in the
      interest of the corporation, rent, lease, or grant  easements  or  other
      rights in any land or property of the corporation.