N.Y. Rapid Transit Law Section 62
Time when city becomes seized


Upon the date of the entry of the order granting the application to condemn, the city shall be and become seized and possessed in fee or absolute ownership of all those parcels of property and property rights which are in the maps or plans and memoranda referred to in § 52 (Maps and plans to be filed)section fifty-two of this chapter, described as parcels of property or property rights which are to be acquired, and also shall become seized and possessed of all the property rights appurtenant to any lots or parcels of property indicated on such maps or plans as parcels in regard to which it is deemed necessary to acquire such rights, or such rights shall be extinguished, as the case may be. The board of transportation, immediately or at any time thereafter, may take possession or enter into the enjoyment of such property or of any part thereof, without any suit or proceeding at law for that purpose. Such board, or any person acting under its authority, may enter upon and use, occupy and enjoy all the parcels of property and all the property rights appurtenant to any of the parcels of property and all property rights described on such maps or plans or in such memoranda, for any of the purposes authorized and provided for by this chapter. But on the entry of such order granting the application to condemn, the city shall be and become forthwith liable to the respective owners or persons interested in the several parcels of property and the several property rights appertaining thereto, and of such property rights acquired as aforesaid, for the true and respective values thereof, together with interest thereon from the time of the entry of such order, provided, however, that no such interest shall be payable to any owner or person interested in any such property or property right during any period during which the city or such board may by any resistance, whether by legal proceeding or otherwise, of such person or with his authority, be prevented from taking possession thereof or enjoying the same.

Source: Section 62 — Time when city becomes seized, https://www.­nysenate.­gov/legislation/laws/RAT/62 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 62’s source at nysenate​.gov

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