Section 1105. Sewage removal or purification; rights of property owners  


Latest version.
  • 1.
      The  owner  of  any  building  the  removal  of  which  is occasioned or
      required, or which has been removed by any rule  or  regulation  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,  made
      under  the  provisions  of this article, and all persons whose rights of
      property are injuriously affected by the enforcement of any such rule or
      regulation, shall have a cause of action  against  the  municipality  or
      corporation,  and shall have the right to present a claim against and to
      the state or state institution, park, reservation  or  post  owning  the
      waterworks  benefited by the enforcement of such rule or regulation, for
      all damages occasioned or sustained  by  such  removal  or  enforcement,
      including all injuries caused to the legitimate use or operation of such
      property.
        2.  (a)  An  action  for  such  damages  may  be  brought against such
      municipality or corporation in accordance with  the  provisions  of  the
      eminent domain procedure law.