New York Laws
Title 11-D - Central New York Regional Transportation Authority
1333 - Acquisition and Disposition of Real Property.

§ 1333. Acquisition and disposition of real property. 1. In addition
to the powers provided in section thirteen hundred thirty-one 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.