New York Laws
Title 11-B - Rochester-Genesee Regional Transportation Authority
1299-II - Acquisition and Disposition of Real Property.

§ 1299-ii. Acquisition and disposition of real property. 1. In
addition to the powers provided in section twelve hundred ninety-nine-gg
of this title to acquire transportation facilities, equipment and real
property, the authority may acquire, by condemnation pursuant to the
condemnation law and/or in accordance with the condemnation provisions
of subdivision seven of this section, any real property it may deem
necessary, convenient, or desirable to effectuate the purpose 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.
Notwithstanding the foregoing provisions of this subdivision, no real
property may be acquired by the authority by condemnation or by purchase
for purposes other than a transportation facility unless the governing
body of the city, village or town in which such real property is located
shall first consent to such acquisition.

2. Nothing herein contained shall be construed to prevent the
authority from bringing any proceedings to remove a cloud on title or
such other proceedings as it may, in its discretion, deem proper and
necessary or from acquiring any such property by negotiation or
purchase.

3. 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.

4. Title to all property acquired under this act shall vest in the
authority.

5. The authority may, whenever it determines that it is in the
interest of the authority, dispose of any real property or property
other than real property, which it determines is not necessary,
convenient or desirable for its purposes.

6. The authority may, whenever it shall determine that it is in the
interest of the authority, rent, lease or grant easements or other
rights in, any land or property of the authority.

7. The authority may adopt the following condemnation procedures. A
certified copy of a resolution adopted by the authority authorizing the
acquisition and identifying and describing the property and franchises,
if any, sought to be acquired by condemnation shall be filed in the
office of the county clerk of the county in which such property is
situated, held or maintained. A petition for an order vesting title to
such property and franchises, if any, sought to be acquired by
condemnation shall set forth a description of the said property and
franchises, if any, and a prayer that title be vested in the authority,
shall be presented, upon notice of the application to condemn published
in five successive issues of a publication of general circulation within
the county where such property and franchises, if any, are located, to a
special term of the supreme court held at the time and place specified
in such notice, within the judicial district in which the property being
acquired or some part thereof is situated. Such proceedings shall have
precedence over all other cases on the calendar of such court, any other
provision of the law to the contrary notwithstanding. Upon due proof to
the satisfaction of the court of the filing of the resolution as
hereinafter described, such court, not later than three days after the
presentation of the petition, shall thereupon enter an order vesting
title to such property and franchises, if any, in the authority. Upon

such vesting of title the authority shall have the right to enter upon
and take possession of such property. A notice of such acquisition shall
be directed to the owners of the property and franchises, if any, so
acquired and to any other person or persons having an estate, interest
or easement in such property or a lien, charge or encumbrance thereon by
personal service or by registered mail at the last known address within
fifteen days after such vesting of title. Such notice shall set forth
such resolution, the date of the submission to the court, the date of
the order vesting title in such authority and such other matters as the
authority may determine.

8. If funds are made available by the authority for the payment of the
cost and expense of the acquisition thereof, the department of
transportation of the state of New York, when requested by the
authority, may acquire such real property in the name of the state as
may be determined from time to time by the authority as being necessary,
convenient or desirable to effectuate the purposes of this title, may
remove the owner or occupant thereof where necessary, and obtain
possession and, when requested by the authority, may dispose of any real
property so acquired, all according to the procedure provided in section
thirty of the highway law and pursuant to the procedure required under
federal law, when applicable. The authority shall have the right to
possess and use for its corporate purposes all such real property so
acquired. Claims for the value of the property appropriated and for
legal damages caused by any such appropriation shall be adjusted and
determined by such department with the approval of the authority or by
the court of claims as provided in section thirty of the highway law and
as required by federal law, when applicable. When a claim has been filed
with the court of claims, the claimant shall cause a copy of such claim
to be served upon the authority and the authority shall have the right
to be represented and heard before such court. All awards and judgments
arising from such claims shall be paid out of moneys of the authority.
No real property may be acquired pursuant to the provisions of this
section for purposes other than a transportation facility unless the
governing body of the city, village or town in which such real property
is located shall first consent to such acquisition.