Section 1182. Acquisition of lands  


Latest version.
  • The city shall have the power to acquire
      by  purchase or eminent domain proceedings either the fee or such right,
      title, interest or easement in such lands  as  the  authority  may  deem
      necessary  for  any  of  the  purposes  mentioned in this title, whether
      within or without the city, and such lands or interest in such lands may
      be so acquired whether or not the same are owned or held for public  use
      by  corporations,  associations  or  persons having the power of eminent
      domain or otherwise held or used for public  purposes,  including  lands
      held  or  used  for  cemetery  purposes.  Whenever  the  authority shall
      determine by resolution and certify to the common council  of  the  city
      that  it  is  necessary  to  acquire  the  fee  of or such right, title,
      interest or easement as shall be specified in such  resolution,  in  any
      lands  for  any  of  the  purposes mentioned in this title, the city may
      purchase such lands or the common council may pass a resolution that  it
      has  so  determined to take such lands describing them and the estate to
      be  taken  therein.  Upon  such  resolution  becoming  of   force,   the
      corporation  counsel  of  the  city shall proceed as directed by section
      three hundred and seventy-four of the charter and all of the proceedings
      had subsequent to the adoption of such resolution of  determination  for
      the  acquisition of such lands shall be in the manner prescribed by such
      section three  hundred  and  seventy-four  and  subsequent  sections  of
      article twenty-one of the charter, provided that it shall be unnecessary
      for  the  board  of  assessors  of the city to certify and report to the
      common council the district benefited  and  assessed  therefor,  nor  to
      adopt a resolution of intention or publish the same, and provided that a
      resolution  as  provided  for by section three hundred and eighty-one of
      the  charter,  directing  the  corporation  counsel  to  apply  for  the
      confirmation  of  the  whole  or  any  part  of  the  decision  in  such
      proceedings, may be adopted without the certificate  mentioned  in  such
      section, that funds have been appropriated or are available; and further
      provided that the provision of such section relative to the providing of
      funds  shall  not  apply  to the proceeding or proceedings authorized by
      this title. Such fee, right, title, interest or easement in or  to  said
      lands  shall be taken in the name of the city and payment therefor shall
      be made by the authority. The power hereby conferred upon the city shall
      not limit or restrict the power  of  the  authority  itself  to  acquire
      lands,  or any right, title, interest or easement therein in the name of
      the city. Forthwith  upon  the  acquisition  by  the  city,  or  by  the
      authority  in  the  name  of  the  city,  of any such fee, right, title,
      interest or easement, the same shall, without further act, but by virtue
      of this title, be and become dedicated to the uses and purposes  of  the
      authority.