§ 5-339 Title acquired for streets; subject to rights of railroads.

The city may acquire for street purposes title in fee or to an easement, as may be determined by the mayor to any real property heretofore acquired through purchase or condemnation by any railroad corporation in the boroughs of Brooklyn and Queens for its corporate purposes and which real property lies within the lines of, is adjacent to, adjoins or separates any street or any part or parts thereof, now or hereafter laid out upon the city map, where the state commissioner of transportation certifies that the ownership or exclusive use of such real property or easement thereover is no longer necessary to the carrying out of such corporate purposes. Such title or easement, however, shall be acquired by the city subject to the right of the corporation to continue to use such real property during the term of its corporate existence and for its corporate purposes, or in lieu thereof to use for a like term and like purposes such other portion of the streets within which such real property shall lie, as the public service commission shall designate.

§ 5-340 Title acquired for intercepting sewer purposes; over railroad lands.

Notwithstanding any provisions of the railroad law or of any other statute, general or special, the city is hereby authorized and empowered to acquire title in fee or to a permanent or temporary easement, as may be determined by the mayor, in, under, through, over and across the lands of any railroad company, in any borough of the city, necessary to construct and maintain an intercepting sewer and the appurtenances thereunto appertaining, including grit chambers, in any such borough.

Subchapter 2: Excess Lands Acquisition Procedure

§ 5-341 Definitions.

As used in this subchapter, unless otherwise expressly stated, or unless the context or subject matter otherwise requires, the following terms shall mean:

   1.   "Improvement": The laying out, widening, extending or relocating a park, public place, highway or street, or the acquisition of title to real property required for laying out, widening, extending or relocating a park, public place, highway or street.

   2.   "Excess lands", or "additional lands", or "additional real property": The real property in addition to the real property needed or required for laying out, widening, extending or relocating a park, public place, highway or street.

§ 5-342 Construction.

The provisions of this subchapter shall be construed as supplementing and extending the effect of the provisions of subchapter one of this chapter so as to provide for the acquisition of title to additional lands in connection with an improvement and nothing in this subchapter contained shall be construed as limiting the effect of the provisions of such subchapter one in their application to the acquisition of title to real property required for an improvement when acquired in a proceeding in which additional lands shall or shall not be acquired, except as the provisions of such subchapter one are in this subchapter expressly so limited in their application.