Section 1104. Sewage removal or purification; condemnation of property  


Latest version.
  • 1.
      When the department or the commissioner of environmental  protection  of
      the  city  of  New York, or the board of water supply of the city of New
      York, shall, for the protection of a water  supply  from  contamination,
      makes  orders or regulations the execution of which will require or make
      necessary the construction and maintenance of any system of sewerage, or
      a change thereof, in or for any village or hamlet, whether  incorporated
      or  unincorporated, or the execution of which will require the providing
      of  some  public  means  of  removal  or  purification  of  sewage,  the
      municipality,  corporation,  state  or  United States or state or United
      States institution, park, reservation  or  post  owning  the  waterworks
      benefited thereby shall, at its own expense, construct and maintain such
      system  of  sewerage,  or  change thereof, and provide and maintain such
      means of removal and purification of sewage and such works or  means  of
      sewage  disposal  as  shall  be  approved  by the department.   For such
      purpose said municipality, corporation, state or United States or  state
      or United States institution, park, reservation or post, may acquire, by
      condemnation  the  necessary  real  estate  or  interest  therein or the
      easement or use thereof whether now used for public or private purposes.
        2. When the execution of any such regulations of  the  department,  or
      the commissioner of environmental protection of the city of New York, or
      the  board  of  water  supply  of  the city of New York will occasion or
      require the removal of any  building  or  buildings,  the  municipality,
      corporation,  state  or  state  institution,  park,  reservation or post
      owning the waterworks benefited  thereby  shall,  at  its  own  expense,
      remove  such  buildings  and  pay  to  the  owner  thereof  all  damages
      occasioned by such removal.
        3. When the execution of any such regulation will  injuriously  affect
      any  property the municipality, corporation, state or state institution,
      park, reservation or post owning the waterworks benefited thereby  shall
      make just and adequate compensation for the property so taken or injured
      and  for  all injuries caused to the legitimate use of operation of such
      property.
        4. Until such construction or change of  such  system  or  systems  of
      sewerage,  and the providing of such means of removal or purification of
      sewage, and until such works or means of sewage disposal and the removal
      of any buildings are so made by the municipality, corporation, state  or
      state institution, park, reservation or post owning the waterworks to be
      benefited thereby at its own expense, and until, except in the case of a
      municipality, state or state institution, park, reservation or post, the
      corporation owning the waterworks benefited shall make just and adequate
      payment  for all injuries to property and for all injuries caused to the
      legitimate use or operation of such property, there shall be  no  action
      or  proceeding  taken  by any such municipality, officer, board, person,
      commission or corporation against any  person  or  corporation  for  the
      violation of any regulation of the department under this article, and no
      person or corporation shall be considered to have violated or refused to
      obey any such rule or regulation.