§ 5-349 Payments of awards and interest.

The provisions of subchapter one of this chapter relative to the payment by the comptroller of sums awarded as damages and interest thereon, and to the advance payment on account of such damages, and relative to the assignment or pledge of awards, shall apply to awards or damages for the taking of additional lands. Interest on the entire amount due to the owner for the real property acquired for the improvement, or for the excess lands, or for both, from the date of the vesting of title thereto to the date of the final decree shall be awarded as a part of such owner's compensation.

§ 5-350 Sale and lease of acquired excess lands.

   a.   After title to the real property required for the improvement, and to the additional lands, shall have vested in the city, the additional lands may be either held and used by the city, or sold or leased in the manner provided by the charter as long as consistent with the provisions of section four hundred six of the eminent domain procedure law. The board of estimate may provide that such additional lands shall be sold or leased subject to such restrictions, covenants or conditions as to location of buildings with reference to the real property acquired for the improvement, or the height of buildings or structures, or the character of construction and architecture thereof, or such other covenants, conditions or restrictions as it may deem proper. Such additional lands shall be sold or leased subject to such restrictions, covenants or conditions, if any, as the board of estimate may have prescribed, which shall be set forth in the instrument of conveyance or lease.

   b.   Nothing in subdivision b of section three hundred eighty-four of the charter limiting the term of leases by the city to a different period shall apply to a lease by the city, acting through the board of estimate, of such additional real property for housing purposes, including stores on the street level.

Subchapter 3: Acquisition of Real Property for Water Supply Purposes

§ 5-351 Definitions.

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

   1.   "Real Estate": All uplands, lands under water, the water of any lake, pond or stream, all water rights or privileges, and any and all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal and equitable, in lands or water, or any privilege or easement, thereunder, including terms for years, including all real estate heretofore or hereafter acquired or used for railroad, highway or other public purposes, and liens thereon by way of judgment, mortgage or otherwise, and also all claims for damage to such real estate.

   2.   "Commissioner": The commissioner of the department of environmental protection.

§ 5-352 Construction.

   a.   The provisions of this subchapter shall apply to the acquisition by the city of real estate outside the city for the purposes of water supply.

   b.   The provisions of section 5-329 of the code shall be construed to apply to this subchapter.

   c.   Nothing in this subchapter contained shall be deemed to repeal the provisions of chapter nine hundred forty-two of the laws of eighteen hundred ninety-six except where said chapter may be inconsistent with the provisions of the eminent domain procedure law.