N.Y. County Law 263 – Powers
§ 263. Powers. The administrative head or body may acquire by gift, lease, purchase or condemnation, real estate and easements, rights of way or other interests therein necessary or proper for the purposes of the district. In Suffolk county it may acquire by gift, lease or purchase personalty or it may accept the gift of a sum of money necessary or proper for the purposes of the district. In water quality treatment districts, it may request, receive and administer grants and other sums of money necessary or proper for the purposes of the district. In the county of Oneida, it may grant easements or rights of way necessary or proper for the purposes of the district. It may (1) construct, reconstruct, improve or repair facilities in or under the surface of any highway in the county or in another county for the purpose of transporting water, sewage or drainage to or within the county district, and shall cause such highway to be restored to its usual condition at the expense of the district, or (2) provide for the collection and disposition of garbage, ashes, rubbish and other waste matter in such district, and for that purpose may provide for the construction, operation and maintenance of all necessary appliances appurtenant thereto, including such vehicles as may be required for the collection and disposition of garbage, ashes, rubbish and other waste matter. No facilities shall be laid under any county parkway, county road, town highway or city or village street without the consent of the officer or body having jurisdiction over, and control thereof, and, in the case of the state thruway, state parkways, state highways, county roads or county parkways, or highways constructed pursuant to section one hundred ninety-four, § 195 of the highway law, in addition to such consents, the consent of the state commissioner of transportation or other state officer or body having jurisdiction over and control thereof.
Terms Used In N.Y. County Law 263
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
The administrative head or body of a county sewer district may acquire by condemnation from railroad corporations, real estate and easements, rights of way or other interests of such railroad corporations necessary or proper for the purposes of the district, provided, however, that in the event the railroad objects to such condemnation on the ground that it will interfere with the safe and uninterrupted maintenance and operation of the railroad, the railroad shall have thirty days after receipt of notice of such condemnation to request a hearing before the commissioner of transportation. The commissioner of transportation shall give the railroad and the district notice of not less than ten days of the time and place scheduled for such hearing. The commissioner of transportation, after hearing the evidence shall decide whether such condemnation is permissible and in the public interest, and whether an order permitting the county sewer district to enter upon said railroad lands to perform such work is necessary and proper; such order shall also include terms protecting the railroad in safe and uninterrupted maintenance and operation of said railroad during the performance of any work on railroad lands by employees and agents of the sewer district if their entry upon railroad lands for such work is deemed necessary by the commissioner's order. The determination of the commissioner shall be subject to judicial review pursuant to Article 78 of the civil practice law and rules.
The administrative head or body of any county water district on behalf of such county water district, with the approval of the board of supervisors of such county, a county water authority, any city, any town on behalf of a town water district, and any village which own and operate water systems may enter into contracts providing for interconnections of such water systems, regulating the sale of water, or the purchase of water, by any of the parties to the contract to another party to the contract, which contracts may contain such other further covenants, agreements, terms and conditions which the contracting parties deem necessary or desirable for the efficient and economical operation of the respective water systems of the parties to the contract, provided, however, that no such contract shall relate to an area then being served by any such county water district, county water authority, city, town water district or village without the consent of the governing board of the district, authority, city or village, as the case may be. Any such contract shall be subject to the approval of the water resources commission.