Legislation
SECTION 158-B
Acquisition of real property
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 2, TITLE 3
* § 158-b. Acquisition of real property. 1. The authority shall have
power from time to time to acquire, in the name of the state, real
property necessary in order to carry out its corporate purposes or
exercise of the powers granted by sections one hundred fifty-three-b and
one hundred fifty-eight-c of this title, by purchase, gift, devise or
condemnation pursuant to the provisions for the acquisition of real
property for public use provided for in the Nassau county administrative
code (chapter two hundred seventy-two of the laws of nineteen hundred
thirty-nine, as amended), except as otherwise provided by this section.
2. In exercising the powers of condemnation pursuant to the Nassau
county administrative code
(a) The function of the board of supervisors shall be exercised by the
board of the authority;
(b) The functions of the other county officials and employees referred
to therein shall be exercised by such officers, agents or employees of
the authority as the authority shall direct;
(c) "court" shall mean the supreme court in and for the county of
Nassau;
(d) The map of the real property affected by the acquisition required
by section eleven-twenty-two-zero of the said Nassau county
administrative code shall be filed only in the office of the county
clerk. Notice of such filing shall be given in the manner provided in
said section but no notice of hearing on such map shall be given nor
shall a hearing on such map be required;
(e) The authority shall furnish to the court such maps, surveys,
diagrams or plans as shall be required for the purpose of this section.
(f) No part of the cost of acquisition shall be assessed on real
property benefited thereby.
(g) With the consent of the county executive of the county of Nassau,
the authority may designate the county attorney of the county of Nassau
to conduct any such acquisition proceeding, paying to the county such
compensation for such services as may be agreed upon, together with all
costs and expenses payable or incurred by the county attorney in
connection with such proceeding, as certified by the comptroller of said
county.
(h) Where the compensation to be paid to owners of real property
acquired has not been determined by agreement or settlement it shall be
determined by the supreme court without a jury.
(i) The county board of assessors shall furnish to the attorney acting
for the authority a duplicate copy of the tax map of the county relating
to the real property to be acquired at the request of the attorney
acting for the authority and the county clerk shall furnish such
attorney block and lot maps relating to such real property and shall
furnish information necessary to keep the maps furnished as accurate as
practicable.
(j) All costs and expenses incurred in connection with the acquisition
of real property by the authority, of any officers, employees, or
departments of the county, including such amount of the salaries of such
officers or employees as may be agreed between the authority and the
county of Nassau, shall be paid by the authority forthwith upon the
certification to the chairman of the authority by the county comptroller
of the amounts of such costs and expenses.
(k) All compensation for the acquisition of property and damages shall
be paid by the authority.
3. The county of Nassau or any municipal corporation may acquire by
purchase, gift, devise or condemnation real property necessary for the
improvements authorized in paragraphs one to five inclusive of section
one hundred fifty-three-b of this title and may donate or dedicate such
real property to the state or may release to the state for such
improvements existing rights of way or easements not required for county
or municipal purposes; the county of Nassau and any such municipal
corporation may agree with the authority for the transfer of any real
property acquired or to be acquired by the county or such municipality
to the authority upon payment by the authority of such part of the cost
of such real property to the county or such municipality as may be
agreed.
* NB (Authority abolished June 30, 1978)
power from time to time to acquire, in the name of the state, real
property necessary in order to carry out its corporate purposes or
exercise of the powers granted by sections one hundred fifty-three-b and
one hundred fifty-eight-c of this title, by purchase, gift, devise or
condemnation pursuant to the provisions for the acquisition of real
property for public use provided for in the Nassau county administrative
code (chapter two hundred seventy-two of the laws of nineteen hundred
thirty-nine, as amended), except as otherwise provided by this section.
2. In exercising the powers of condemnation pursuant to the Nassau
county administrative code
(a) The function of the board of supervisors shall be exercised by the
board of the authority;
(b) The functions of the other county officials and employees referred
to therein shall be exercised by such officers, agents or employees of
the authority as the authority shall direct;
(c) "court" shall mean the supreme court in and for the county of
Nassau;
(d) The map of the real property affected by the acquisition required
by section eleven-twenty-two-zero of the said Nassau county
administrative code shall be filed only in the office of the county
clerk. Notice of such filing shall be given in the manner provided in
said section but no notice of hearing on such map shall be given nor
shall a hearing on such map be required;
(e) The authority shall furnish to the court such maps, surveys,
diagrams or plans as shall be required for the purpose of this section.
(f) No part of the cost of acquisition shall be assessed on real
property benefited thereby.
(g) With the consent of the county executive of the county of Nassau,
the authority may designate the county attorney of the county of Nassau
to conduct any such acquisition proceeding, paying to the county such
compensation for such services as may be agreed upon, together with all
costs and expenses payable or incurred by the county attorney in
connection with such proceeding, as certified by the comptroller of said
county.
(h) Where the compensation to be paid to owners of real property
acquired has not been determined by agreement or settlement it shall be
determined by the supreme court without a jury.
(i) The county board of assessors shall furnish to the attorney acting
for the authority a duplicate copy of the tax map of the county relating
to the real property to be acquired at the request of the attorney
acting for the authority and the county clerk shall furnish such
attorney block and lot maps relating to such real property and shall
furnish information necessary to keep the maps furnished as accurate as
practicable.
(j) All costs and expenses incurred in connection with the acquisition
of real property by the authority, of any officers, employees, or
departments of the county, including such amount of the salaries of such
officers or employees as may be agreed between the authority and the
county of Nassau, shall be paid by the authority forthwith upon the
certification to the chairman of the authority by the county comptroller
of the amounts of such costs and expenses.
(k) All compensation for the acquisition of property and damages shall
be paid by the authority.
3. The county of Nassau or any municipal corporation may acquire by
purchase, gift, devise or condemnation real property necessary for the
improvements authorized in paragraphs one to five inclusive of section
one hundred fifty-three-b of this title and may donate or dedicate such
real property to the state or may release to the state for such
improvements existing rights of way or easements not required for county
or municipal purposes; the county of Nassau and any such municipal
corporation may agree with the authority for the transfer of any real
property acquired or to be acquired by the county or such municipality
to the authority upon payment by the authority of such part of the cost
of such real property to the county or such municipality as may be
agreed.
* NB (Authority abolished June 30, 1978)