Title RAT, Rapid Transit

§ 51. Right of board of transportation to enter upon property. It\nshall and may be lawful for the board of transportation, and for all\npersons acting under its authority, to enter in the day time into and\nupon any and all property which it shall deem necessary to be acquired,…

§ 52. Maps and plans to be filed. The board of transportation shall\ncause three similar maps or plans to be made of each parcel of property\nwhich it may deem necessary so to be acquired, or to which there may be\nappurtenant property rights necessary so to be acquired or extin…

§ 53. Corporation counsel to acquire property. a. Whenever and as\noften as the board of transportation shall deem it to be necessary and\nproper that the city should acquire any such property and shall have\ncaused such maps or plans and memoranda specifying and defining the\np…

§ 54. Disposition of maps. The corporation counsel shall cause one of\nthe maps or plans, so transmitted to him, to be filed in the office of\nthe register of the county, or if there be no such register, then in the\noffice of the county clerk of the county in which the property…

§ 55. Notice of intention to condemn property. The corporation\ncounsel shall give or cause to be given notice by publication in two\npublic newspapers published in the city, of his intention to make\napplication to the such court that the compensation which should justly\nbe ma…

§ 56. Application to condemn property. After such maps shall have\nbeen filed in the office of the register or county clerk, the\ncorporation counsel, for and on behalf of the city, shall, and he may\nfrom time to time, upon first giving the notice required by section\nfifty-fiv…

§ 57. Procedure in case property is situated in two or more counties.\nIf the property to be acquired or extinguished in any proceeding be\nsituated in two or more counties, the maps or plans and memoranda\nrequired to be filed by section fifty-four of this chapter shall be so\n…

§ 58. Order granting application to condemn. At the time and place\nmentioned in such notice, unless the court shall adjourn such\napplication to a subsequent date, and in that event at the time to which\nit may be adjourned, the court, upon due proof to its satisfaction of\nthe…

§ 59. Examination before trial. A proceeding by the board of\ntransportation to acquire title to property or any right therein for the\npurposes of this chapter by condemnation shall be deemed a special\nproceeding, in which testimony may be taken by deposition pursuant to\nthe …

§ 60. Trial; evidence of value. a. Upon the trial, evidence of the\nprice and other terms upon any sale, or of the rent reserved and other\nterms upon any lease, relating to any of the property taken or to be\ntaken or to any other property in the vicinity thereof shall be\nrele…

§ 61. Order to expedite proceeding. At any time after the date of\nentry of the order granting the application to condemn the corporation\ncounsel or any owner may apply to the court for an order directing any\nowner or the corporation counsel, as the case may be, to show cause …

§ 62. Time when city becomes seized. Upon the date of the entry of\nthe order granting the application to condemn, the city shall be and\nbecome seized and possessed in fee or absolute ownership of all those\nparcels of property and property rights which are in the maps or plans…

§ 63. Partial payment of awards. In any proceeding instituted\npursuant to the provisions of this chapter for the acquisition of title\nto property by the city, in which title thereto shall have become vested\nin the city by virtue of the entry of an order in compliance with\nse…

§ 64. Payment of liens and encumbrances. Whenever a person would be\nentitled to the payment of any advance under section sixty-three of this\nchapter and there shall exist mortgages or other prior liens on such\nproperty, the holder of any such prior lien may apply to the city …

§ 65. Tentative decree; objections thereto. The court, after hearing\nsuch testimony and considering such proofs as may be offered, shall\nascertain and estimate the compensation which ought justly to be made by\nthe city to the respective owners of or persons interested in the\…

§ 66. Final decree. After considering the objections, if any, and\nmaking any corrections or alterations in the tentative decree which the\ncourt shall consider just and proper, it shall give instructions to the\ncorporation counsel as to the preparation of the final decree, whi…

§ 67. Payment of awards and expenses. Within four calendar months\nafter the date of the filing of the final decree of the court, the city\nshall pay to the parties entitled thereto the respective sums of money\ndetermined in their favor as set forth in the final decree, with le…

§ 68. Moneys of persons under disability; moneys paid to wrong\npersons. Whenever the owner or any person interested in any property\ntaken or affected in such proceedings or in whose favor any such sum or\ncompensation shall be determined by the final decree of the court is\nun…

§ 69. Cost of acquiring property. The moneys necessary and sufficient\nto be paid for any property acquired in any manner under the provisions\nof this chapter, together with all expenses necessarily incurred in\nsurveying, locating and acquiring title to such property, and for\…

§ 70. Amendments of defects. The special term of the supreme court,\nin the judicial district in which the property affected by the\nproceeding is situated, at any time may amend any defect or informality\nin any notice, petition, pleading, order or decree in a proceeding\ninsti…

§ 71. Appeal to the appellate division. The city, or any party or\nperson affected by the proceeding and aggrieved by the final decree of\nthe court therein, may appeal to the appellate division of the court. An\nappeal from the final decree of the court must be taken within thi…

§ 72. Appeal to court of appeals. An appeal to the court of appeals\nmay be taken by the city or any person or party interested in the\nproceeding and aggrieved by the order of the appellate division. Such\nappeal shall be taken and heard in the manner provided in relation to\na…

§ 73. Property deemed acquired for public use. All property acquired\nunder the provisions of this chapter shall be and shall be deemed to\nhave been acquired for public uses and purposes, and for the purpose of\naffording increased facilities for rapid transit between points wi…

§ 80. Connecting routes and extension of lines. a. The commission,\nfrom time to time, with the approval of the board of estimate and of the\nmayor may grant a right or franchise or enter into a contract, upon\napplication to such commission of any railroad corporation for the\n…

§ 81. Connection with other railroads or transit facilities. a. The\ncommission, from time to time, with the approval of the board of\nestimate and the mayor, upon application of any person owning, leasing,\nconstructing or actually operating or having the right by contract to\n…

§ 82. Relocation of railroads. a. Upon application of any person\nowning a railroad wholly or in part within the limits of the city, the\ncommission, if in its judgment the public interests so demand, with the\napproval of the board of estimate and the mayor, may fix and determi…

§ 90. Commission to prepare plan. a. The commission after making the\nnecessary studies and investigations shall prepare a plan for the relief\nof the emergency which is hereby declared to exist, and for the\nimprovement of transit in any such city. Such plan shall contain\nprov…

§ 91. Procedure under plan. a. Upon the completion of such plan, but\nbefore final adoption thereof, the commission shall hold a public\nhearing thereon at which citizens shall be entitled to appear and be\nheard. The commission shall transmit a copy thereof to the board of\nest…

§ 92. Approval of contracts to effectuate plans. Anything contained\nin this article to the contrary notwithstanding, the commission shall\nnot execute and deliver any plan, or any lease thereunder, without\nobtaining the consent and approval of the board of estimate.\n