N.Y. Public Authorities Law Section 1267
Acquisition and disposition of real property

* 1. In addition to the powers provided in § 1266 (Special powers of the authority)section twelve hundred sixty-six of this title to acquire transportation facilities, equipment and real property, the authority may acquire, by condemnation pursuant to the eminent domain procedure law, any real property it may deem necessary, convenient or desirable to effectuate the purposes of this title, provided however, that any such condemnation proceedings shall be brought only in the supreme court and the compensation to be paid shall be ascertained and determined by the court without a jury, and provided further that the rate of interest paid upon any judgment or accrued claim against the authority arising out of such condemnation proceedings shall not exceed six per centum. Notwithstanding the foregoing provisions of this subdivision, no real property may be acquired by the authority by condemnation for purposes other than a transportation facility unless the governing body of the city, village or town in which such real property is located shall first consent to such condemnation. * NB Effective until June 24, 2025 * 1. In addition to the powers provided in § 1266 (Special powers of the authority)section twelve hundred sixty-six of this title to acquire transportation facilities, equipment and real property, the authority may acquire, by condemnation pursuant to the condemnation law, any real property it may deem necessary, convenient or desirable to effectuate the purposes of this title, provided however, that any such condemnation proceedings shall be brought only in the supreme court and the compensation to be paid shall be ascertained and determined by the court without a jury. Notwithstand the foregoing provisions of this subdivision one, no real property may be acquired by the authority by condemnation for purposes other than a transportation facility unless the governing body of the city, village or town in which such real property is located shall first consent to such condemnation. * NB Effective June 24, 2025 2. Nothing herein contained shall be construed to prevent the authority from bringing any proceedings to remove a cloud on title or such other proceedings as it may, in its discretion, deem proper and necessary or from acquiring any such property by negotiation or purchase.

3.

Where a person entitled to an award in the proceedings to condemn any real property for any of the purposes of this title remains in possession of such property after the time of the vesting of title in the condemnor, the reasonable value of his use and occupancy of such property subsequent to such time as fixed by agreement or by the court in such proceedings or by any court of competent jurisdiction shall be a lien against such award subject only to the liens of record at the time of vesting of title in the condemnor.

4.

Subject to the provisions of sections twelve hundred sixty-six and twelve hundred sixty-six-c of this title, title to all property acquired under this act shall vest in the authority or one of its subsidiary corporations, or in the New York city transit authority or one of its subsidiary corporations as the authority directs.

5.

The authority may, whenever it determines that it is in the interest of the authority, dispose of any real property or property other than real property, which it determines is not necessary, convenient or desirable for its purposes.

6.

The authority may, whenever it shall determine that it is in the interest of the authority, rent, lease, or grant easements or other rights in, any land or property of the authority.

Source: Section 1267 — Acquisition and disposition of real property, https://www.­nysenate.­gov/legislation/laws/PBA/1267 (updated Jul. 8, 2022; accessed Jun. 21, 2025).

1260
Short title 1261
Definitions 1262
Metropolitan commuter transportation district 1263
Metropolitan transportation authority 1264
Purposes of the authority 1264–A
State of emergency 1265
General powers of the authority 1265–A
Contracts 1265–B
Metropolitan transportation authority small business mentoring program 1266
Special powers of the authority 1266–A
Medical emergency services 1266–B
Medical emergency services plan 1266–C
Transit projects 1266–D
Long Island rail road commuter’s council 1266–E
Metro-North rail commuter council 1266–F
Medical emergency services plan 1266–G
Excess loss fund 1266–H
Authority police force 1266–I
The permanent citizens advisory committee 1266–J
Metropolitan transportation authority pledge to customers 1266–K
Expired fare transfer policy 1266–L
Surveillance cameras 1266–L*2
Light duty for employees 1266–M
Information concerning services for human trafficking victims 1267
Acquisition and disposition of real property 1267–A
Acquisition and disposition of real property by department of transportation 1267–B
Transit facilities for transit construction fund 1268
Co-operation and assistance of other agencies 1268–A
Promotion of qualified transportation fringes 1269
Notes, bonds and other obligations of the authority 1269–A
Metropolitan transportation authority capital program review board 1269–B
Capital program plans 1269–C
Metropolitan transportation authority capital program review board 1269–D
Submission of strategic operation plan 1269–E
Financial and operational reports 1269–F
Mission statement and measurement report 1269–G
Requirements for certain authority contracts and related subcontracts 1270
Reserve funds and appropriations 1270–A
Metropolitan transportation authority special assistance fund 1270–B
Metropolitan transportation authority Dutchess, Orange and Rockland fund 1270–C
Metropolitan transportation authority dedicated tax fund 1270–D
Consolidated financings 1270–E
Implementation of the Transportation Infrastructure Bond Act of 2000 1270–F
Implementation of the rebuild and renew New York transportation bond act of two thousand five 1270–G
Regulation of certain authority expenditures 1270–H
Metropolitan transportation authority finance fund 1270–I
New York city transportation assistance fund 1270–J
Metropolitan transportation authority commercial gaming revenue fund 1271
Agreement of the state 1272
Right of state to require redemption of bonds 1273
Remedies of noteholders and bondholders 1274
Notes and bonds as legal investment 1275
Exemption from taxation 1276
Actions against the authority 1276–A
Annual audit of authority 1276–B
Authority budget and financial plan 1276–C
Independent audit of authority 1276–D
Independent audit by the legislature 1276–E
Reporting 1276–F
Metropolitan transportation authority transit performance metrics 1277
Station operation and maintenance 1277–A
Transfer and receipt of surplus funds 1278
Title not affected if in part unconstitutional or ineffective 1279
Metropolitan transportation authority inspector general 1279–A
Management advisory board 1279–B
Transition--election to withdraw from the metropolitan commuter transportation district 1279–C
The office of legislative and community input 1279–D
Supplemental revenue reporting program 1279–E
Assignment, transfer, sharing or consolidating powers, functions or activities 1279–F
Independent forensic audit 1279–G
Major construction review unit 1279–H
Debarment 1279–I
Open data reporting 1279–L
Right to share employees
Green check means up to date. Up to date

Verified:
Jun. 21, 2025

Last modified:
Jul. 8, 2022

§ 1267. Acquisition & disposition of real property's source at nysenate​.gov

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