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The city is authorized to acquire by purchase, lease, or otherwise, lands or water in any other state, or rights, interests, or privileges in, to or over any lands or water in any other state for the purpose of supplying water to the city.
In all cases where the commissioner shall hereafter enter upon, acquire, take or use, or shall deem it necessary to enter upon, acquire, take or use, any real estate, for the purpose of maintaining, preserving or increasing the supply of pure and wholesome water for the use of the city, or for the purpose of preventing the contamination or pollution of the same, the commissioner is authorized in behalf, and in the name of the city of New York, pursuant to the provisions of this subchapter, and pursuant to the provisions of the eminent domain procedure law, to acquire all rights, titles and interests in and to such real estate, by whomsoever the same may be held, enjoyed or claimed, and to pay for and extinguish all claims or damages on account of such rights, titles or interests, or growing out of such taking or using.
a. It shall be lawful for the city to acquire by condemnation any real estate or any interest therein that may be necessary in order to acquire the sole and exclusive property in the source or sources of water supply, which may be needed for the supply of the public waterworks of the city, and to wholly extinguish the water rights of any person or corporation therein, with the right to lay, relay, repair and maintain aqueducts, conduits and water pipes with the connections and fixtures on the lands of others, and, if necessary, to acquire by condemnation lands for such purpose in any county or counties through which it may be necessary to pass in conducting such waters to the city. The city shall have the right to intercept and to direct the flow of water from lands of riparian owners, and from persons owning or interested in any water, and the right to prevent the flow or drainage of noxious or impure matters from the lands of others into its reservoirs or sources of supply.
b. The city, however, shall not have power to acquire or to extinguish the property rights of any person or corporation in or to any water rights that at the time of the initiation of proceedings for condemnation are in actual use for the supply of the waterworks of the people of any other city, town or village of the state, or for the supply and distribution of waters to the people thereof, or which in the opinion of the court on such proceedings may reasonably become necessary for such supply, or to take or use the water from any of the canals of the state, any canal reservoirs, or waters used exclusively as feeders for canals, or from any of the streams acquired by the state for supplying the canals with water.
c. The city shall not acquire by condemnation any property or factory in Putnam county which has been used for twenty-five years for the manufacture of food products; nor acquire by condemnation any lands, easements, streams or water, or water rights, on the east branch of the Croton river, below the village of Brewster in the town of Southeast, Putnam county, for the construction of any reservoir, in which water will or may be impounded at a higher level than three hundred and ten feet above tide water at the city.
a. The persons or corporations owning real estate, heretofore or hereafter acquired or used for railroad, highway or other public purpose, or claiming interest therein shall be allowed the perpetual use, for such purposes, of the same or of such other real estate to be acquired for the purposes of this title as will afford a practicable route or location for such railroad, highway or other public purpose, and in the case of a railroad, commensurate with and adapted to its needs.
b. Such persons or corporations shall not directly or indirectly, be subject to expense, loss or damage by reason of changing such route or location, but such expense, loss or damage shall be borne by the city.
c. In case such real estate shall be taken or affected for the purposes of this subchapter, there shall be designated upon the maps referred to in this subchapter, and there shall be described in the petition referred to, such portion of the other real estate shown, on such maps and described in such petition, as it shall be proposed to substitute in place of the real estate then used for such railroad, highway or other public purposes. The supreme court, at the special term to which the petition is presented, or at such other special term as the consideration thereof may be noticed for, or adjourned to, shall either approve the substituted route or place, or refer the same back to the commissioner for alteration or amendment. The court may refer the same back with such directions, or suggestions as it may deem advisable, and as often as necessary, and until the commissioner shall determine such substituted route or place as may be approved by such court. An appeal from any order made by the court at special term, under the provisions of this section may be taken by any person or corporation interested in and aggrieved thereby, to the appellate division of the judicial department in which the real estate is situated, and shall be heard as a nonenumerated motion.
d. A justice of the supreme court before whom the proceedings are brought, in determining the compensation to be made to the persons or corporations owning such real estate, or claiming interest therein, shall include in the amount of such compensation such sum as shall be sufficient to defray the expenses of making such change of route and location and of building such railroad or highway. The court, subject to review by the appellate division, shall determine what reasonable time after payment of the awards to the persons or corporations entitled thereto shall be sufficient within which to complete the work of making such change. The city or the commissioner shall not be entitled to take possession or interfere with the use of such real estate, for such purposes, before the expiration of such time. That time may subsequently be extended by the court (subject to such review), upon sufficient cause shown. After the expiration of the time so determined or extended, no use shall be made of such real estate which shall cause pollution of the water in any reservoir, or interfere with its flow.
a. Whenever, in the opinion of the commissioner, it shall be necessary to acquire any real estate for any of the purposes of this subchapter, or for the purpose of extinguishing any right, title or interest thereto or therein, such commissioner, for and on behalf of the city shall prepare a map or maps of the real estate which in his or her opinion it is necessary to acquire for such purposes, and shall submit the same to the mayor for approval. The mayor may adopt, modify or reject such maps in whole or in part, and may require others to be made instead.
b. A copy of the map or maps so prepared, with a certificate of the adoption thereof, signed by the commissioner and the mayor, shall be filed in the office of such commissioner and be open to public inspection, and shall be the map or maps of the real estate to be acquired, subject to such changes or modifications as the commissioner may from time to time deem necessary for the more efficient carrying out of the provisions of this subchapter.
The mayor, prior to the final adoption of such map or maps, shall afford to all persons interested a full opportunity to be heard respecting such map or maps and the acquisition of the real estate shown thereon, and shall give public notice of such hearing, by publishing a notice, once in each week, for three successive weeks in the City Record, and in two papers published in the county or counties in which the real estate to be acquired or affected is situated, and in two daily papers in the city. At such hearing or hearings, testimony may be produced by the parties appearing before it in such manner as the mayor may determine, and he or she is hereby authorized to administer oaths and issue subpoenas in any such proceeding pending before him or her.
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