N.Y. Public Authorities Law 2466 – The acquisition of real property
* § 2466. The acquisition of real property. 1. The authority may from time to time determine what real property is necessary for the construction, improvement and operation of a sports facility and for parking and access thereto. If funds are made available by the authority for payment of the cost and expense of the acquisition thereof, the commissioner of transportation when requested by the authority shall acquire such real property in the name of the state by appropriation, and, when necessary, remove the owner or occupant thereof and obtain possession for the authority according to the procedure provided by § 347 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.
Terms Used In N.Y. Public Authorities Law 2466
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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 of transportation with the approval of the authority, or by the court of claims as provided in said § 347 of the highway law. 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.
3. The authority may also, and in any case, acquire real property in the name of the authority by deed and may pay such price therefor as shall be agreed with the owner thereof.
4. A participating municipality may, by resolution of its governing body or in the case of the city of New York, the board of estimate, convey by deed, with or without consideration, to the authority for so long as its corporate existence shall continue, any lands owned by the municipality. In the event the authority shall determine the land is excess and is no longer required for authority purposes, it shall reconvey the property with any improvements thereon to the municipality.
5. After consultation with the participating municipality, the authority shall, in constructing, reconstructing, rehabilitating, altering or improving any project, comply with the requirements of local laws, ordinances, codes, charters or regulations applicable to such construction, reconstruction, rehabilitation, alteration or improvement, provided, however, that when, in the discretion of the authority, such compliance is not feasible or practicable, the authority shall comply with the requirements of the state building code, formulated by the state building code council pursuant to Article 18 of the executive law, applicable to such construction, reconstruction, rehabilitation, alteration or improvement.
6. (a) All contracts for the construction, reconstruction, rehabilitation or improvement of buildings or structures let by the authority shall comply with the applicable provisions of § 135 of the state finance law. The authority in preparing separate specifications may provide for assignment of responsibility for coordination of any of the contracts for such work to a responsible person, firm or corporation.
(b) The authority shall not award any construction contract except to the lowest bidder who in its opinion is qualified to perform the work required and is responsible and reliable. The authority may, however, reject all bids or waive any informality in a bid if it believes that the public interest will be promoted thereby. The authority may reject any bid if in its judgment the business and technical organization, plant, resources, financial standing or experience of the bidder, compared with the work to be performed, justifies such rejection.
(c) Any construction contract awarded by the authority shall contain such other terms and conditions, and such provisions for penalties, as the authority may deem desirable.
* NB (Disbanded March, 1980)