Legislation
SECTION 358
Acquisition of real property by the commissioner
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 2, TITLE 9
§ 358. Acquisition of real property by the commissioner. 1. On
assuming jurisdiction of a thruway section or connection or any part
thereof, or of a highway connection, the authority may from time to time
determine what real property is necessary for the construction,
improvement and operation thereof, in addition to real property
theretofore acquired by the state. If funds are made available by the
authority for payment of the cost and expense of the acquisition
thereof, the commissioner when requested by the authority shall acquire
such real property in the name of the state by appropriation, and, where
necessary, remove the owner or occupant thereof and obtain possession
according to the procedure provided by section three hundred forty-seven
of the highway law. The authority shall have the right to possess and
use for its corporate purposes so long as its corporate existence shall
continue all such real property and rights in real property so acquired.
2. Claims for the value of the property appropriated and for legal
damages caused by any such appropriation shall be adjusted and
determined by the commissioner with the approval of the authority, or by
the court of claims as provided in said section three hundred
forty-seven. 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 said court. All awards and judgments arising from such
claims shall be paid out of moneys of the authority.
assuming jurisdiction of a thruway section or connection or any part
thereof, or of a highway connection, the authority may from time to time
determine what real property is necessary for the construction,
improvement and operation thereof, in addition to real property
theretofore acquired by the state. If funds are made available by the
authority for payment of the cost and expense of the acquisition
thereof, the commissioner when requested by the authority shall acquire
such real property in the name of the state by appropriation, and, where
necessary, remove the owner or occupant thereof and obtain possession
according to the procedure provided by section three hundred forty-seven
of the highway law. The authority shall have the right to possess and
use for its corporate purposes so long as its corporate existence shall
continue all such real property and rights in real property so acquired.
2. Claims for the value of the property appropriated and for legal
damages caused by any such appropriation shall be adjusted and
determined by the commissioner with the approval of the authority, or by
the court of claims as provided in said section three hundred
forty-seven. 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 said court. All awards and judgments arising from such
claims shall be paid out of moneys of the authority.