Section 1078-E. Acquisition by eminent domain  


Latest version.
  • Notwithstanding any provision
      of  the  eminent domain procedure law to the contrary, in any proceeding
      brought by the authority pursuant to such law, title shall vest  in  the
      authority and compensation shall be paid only (a) upon a decision by the
      supreme court that compensation for the real property so condemned shall
      be  determined  solely by the income capitalization method of valuation,
      based on the  actual  net  income  as  allowed  by  the  public  service
      commission,  and  (b)  upon  such court's determination of the amount of
      such compensation, based upon the income capitalization method, entry of
      the final judgment, the filing of the final decree, and  the  conclusion
      of any appeal or expiration of the time to file an appeal related to the
      condemnation  proceeding.  If  any  court  shall  utilize  any method of
      compensation other than the income  capitalization  method,  or  if  the
      proposed  compensation is more than the rate base of the assets taken in
      condemnation as utilized by the public  service  commission  in  setting
      rates  and  as certified by the public service commission, the authority
      may withdraw the condemnation proceeding without prejudice or  costs  to
      any party.