N.Y. Rapid Trans. Law § 50 Acquisition of Property

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 777
• Year: 2023
• Citation: N.Y. Rapid Trans. Law § 50

a. For the purpose of constructing or operating any road for the construction or operation of which a contract shall have been made by the board of transportation or any of its predecessors, or for the purpose of constructing or operating any part of any railroad or portion thereof relocated under the provisions of section eighty-two of this chapter, for the construction of which a contract shall have been made pursuant to such section, including necessary stations and station approaches, or for the purpose of operating or securing the operation thereof free of interference and right of interference and of action and right of action for damages and otherwise, whether by abutting owners or others, or to provide, lay or maintain sub-surface structures, such board for and in behalf of such city may acquire, by conveyance or grant to such city to be delivered to such board and to contain such terms, conditions, provisos and limitations as such board shall deem proper, or by condemnation or other legal or other proceedings, as provided in this chapter, any property rights and any and all rights, privileges, franchises and easements, including such of any thereof as may be already devoted to a public use, whether of owners or abutters, or others to interfere with the construction or operation of such road or to recover damages therefor, which, in the opinion of the board, it shall be necessary to acquire or extinguish for the purpose of constructing and operating such road free of interference or right of interference. Any such city also may exercise any of the rights to acquire such property rights upon the validation of a route in the manner prescribed in sections twenty and twenty-one of this chapter, provided that if any such right shall be so exercised prior to the time a contract for construction or operation of such route shall be entered into, the board of estimate and the mayor, as a condition precedent, shall approve such acquisition. An option granted to the board of transportation or to the city to purchase any property rights or an award in a condemnation proceeding for a period not to exceed ninety days in case of purchase of property rights, and for a period not to exceed six months in case of purchase of such an award shall not be withdrawn or cancelled during the period therein named. Upon the trial of a condemnation proceeding on behalf of the board of transportation under the provisions of this chapter, no evidence shall be admitted, as against an owner of an offer made by or on behalf of such owner for the sale of his real estate or any part thereof to such board for or on behalf of such city, or for the sale or assignment of any right and title to an award, or any part thereof, to be made for such real estate, or any part thereof, in the proceeding; nor shall any evidence be received, as against such city, of any offer made to such owner by the board for or on behalf of the city for the purchase of such real estate, or any part thereof, or for the...