State Codes and Statutes

Statutes > New-york > Pbh > Article-11 > Title-1 > 1104

§  1104. Sewage removal or purification; condemnation of property.  1.  When the department or the commissioner of environmental  protection  of  the  city  of  New York, or the board of water supply of the city of New  York, shall, for the protection of a water  supply  from  contamination,  makes  orders or regulations the execution of which will require or make  necessary the construction and maintenance of any system of sewerage, or  a change thereof, in or for any village or hamlet, whether  incorporated  or  unincorporated, or the execution of which will require the providing  of  some  public  means  of  removal  or  purification  of  sewage,  the  municipality,  corporation,  state  or  United States or state or United  States institution, park, reservation  or  post  owning  the  waterworks  benefited thereby shall, at its own expense, construct and maintain such  system  of  sewerage,  or  change thereof, and provide and maintain such  means of removal and purification of sewage and such works or  means  of  sewage  disposal  as  shall  be  approved  by the department.   For such  purpose said municipality, corporation, state or United States or  state  or United States institution, park, reservation or post, may acquire, by  condemnation  the  necessary  real  estate  or  interest  therein or the  easement or use thereof whether now used for public or private purposes.    2. When the execution of any such regulations of  the  department,  or  the commissioner of environmental protection of the city of New York, or  the  board  of  water  supply  of  the city of New York will occasion or  require the removal of any  building  or  buildings,  the  municipality,  corporation,  state  or  state  institution,  park,  reservation or post  owning the waterworks benefited  thereby  shall,  at  its  own  expense,  remove  such  buildings  and  pay  to  the  owner  thereof  all  damages  occasioned by such removal.    3. When the execution of any such regulation will  injuriously  affect  any  property the municipality, corporation, state or state institution,  park, reservation or post owning the waterworks benefited thereby  shall  make just and adequate compensation for the property so taken or injured  and  for  all injuries caused to the legitimate use of operation of such  property.    4. Until such construction or change of  such  system  or  systems  of  sewerage,  and the providing of such means of removal or purification of  sewage, and until such works or means of sewage disposal and the removal  of any buildings are so made by the municipality, corporation, state  or  state institution, park, reservation or post owning the waterworks to be  benefited thereby at its own expense, and until, except in the case of a  municipality, state or state institution, park, reservation or post, the  corporation owning the waterworks benefited shall make just and adequate  payment  for all injuries to property and for all injuries caused to the  legitimate use or operation of such property, there shall be  no  action  or  proceeding  taken  by any such municipality, officer, board, person,  commission or corporation against any  person  or  corporation  for  the  violation of any regulation of the department under this article, and no  person or corporation shall be considered to have violated or refused to  obey any such rule or regulation.

State Codes and Statutes

Statutes > New-york > Pbh > Article-11 > Title-1 > 1104

§  1104. Sewage removal or purification; condemnation of property.  1.  When the department or the commissioner of environmental  protection  of  the  city  of  New York, or the board of water supply of the city of New  York, shall, for the protection of a water  supply  from  contamination,  makes  orders or regulations the execution of which will require or make  necessary the construction and maintenance of any system of sewerage, or  a change thereof, in or for any village or hamlet, whether  incorporated  or  unincorporated, or the execution of which will require the providing  of  some  public  means  of  removal  or  purification  of  sewage,  the  municipality,  corporation,  state  or  United States or state or United  States institution, park, reservation  or  post  owning  the  waterworks  benefited thereby shall, at its own expense, construct and maintain such  system  of  sewerage,  or  change thereof, and provide and maintain such  means of removal and purification of sewage and such works or  means  of  sewage  disposal  as  shall  be  approved  by the department.   For such  purpose said municipality, corporation, state or United States or  state  or United States institution, park, reservation or post, may acquire, by  condemnation  the  necessary  real  estate  or  interest  therein or the  easement or use thereof whether now used for public or private purposes.    2. When the execution of any such regulations of  the  department,  or  the commissioner of environmental protection of the city of New York, or  the  board  of  water  supply  of  the city of New York will occasion or  require the removal of any  building  or  buildings,  the  municipality,  corporation,  state  or  state  institution,  park,  reservation or post  owning the waterworks benefited  thereby  shall,  at  its  own  expense,  remove  such  buildings  and  pay  to  the  owner  thereof  all  damages  occasioned by such removal.    3. When the execution of any such regulation will  injuriously  affect  any  property the municipality, corporation, state or state institution,  park, reservation or post owning the waterworks benefited thereby  shall  make just and adequate compensation for the property so taken or injured  and  for  all injuries caused to the legitimate use of operation of such  property.    4. Until such construction or change of  such  system  or  systems  of  sewerage,  and the providing of such means of removal or purification of  sewage, and until such works or means of sewage disposal and the removal  of any buildings are so made by the municipality, corporation, state  or  state institution, park, reservation or post owning the waterworks to be  benefited thereby at its own expense, and until, except in the case of a  municipality, state or state institution, park, reservation or post, the  corporation owning the waterworks benefited shall make just and adequate  payment  for all injuries to property and for all injuries caused to the  legitimate use or operation of such property, there shall be  no  action  or  proceeding  taken  by any such municipality, officer, board, person,  commission or corporation against any  person  or  corporation  for  the  violation of any regulation of the department under this article, and no  person or corporation shall be considered to have violated or refused to  obey any such rule or regulation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-11 > Title-1 > 1104

§  1104. Sewage removal or purification; condemnation of property.  1.  When the department or the commissioner of environmental  protection  of  the  city  of  New York, or the board of water supply of the city of New  York, shall, for the protection of a water  supply  from  contamination,  makes  orders or regulations the execution of which will require or make  necessary the construction and maintenance of any system of sewerage, or  a change thereof, in or for any village or hamlet, whether  incorporated  or  unincorporated, or the execution of which will require the providing  of  some  public  means  of  removal  or  purification  of  sewage,  the  municipality,  corporation,  state  or  United States or state or United  States institution, park, reservation  or  post  owning  the  waterworks  benefited thereby shall, at its own expense, construct and maintain such  system  of  sewerage,  or  change thereof, and provide and maintain such  means of removal and purification of sewage and such works or  means  of  sewage  disposal  as  shall  be  approved  by the department.   For such  purpose said municipality, corporation, state or United States or  state  or United States institution, park, reservation or post, may acquire, by  condemnation  the  necessary  real  estate  or  interest  therein or the  easement or use thereof whether now used for public or private purposes.    2. When the execution of any such regulations of  the  department,  or  the commissioner of environmental protection of the city of New York, or  the  board  of  water  supply  of  the city of New York will occasion or  require the removal of any  building  or  buildings,  the  municipality,  corporation,  state  or  state  institution,  park,  reservation or post  owning the waterworks benefited  thereby  shall,  at  its  own  expense,  remove  such  buildings  and  pay  to  the  owner  thereof  all  damages  occasioned by such removal.    3. When the execution of any such regulation will  injuriously  affect  any  property the municipality, corporation, state or state institution,  park, reservation or post owning the waterworks benefited thereby  shall  make just and adequate compensation for the property so taken or injured  and  for  all injuries caused to the legitimate use of operation of such  property.    4. Until such construction or change of  such  system  or  systems  of  sewerage,  and the providing of such means of removal or purification of  sewage, and until such works or means of sewage disposal and the removal  of any buildings are so made by the municipality, corporation, state  or  state institution, park, reservation or post owning the waterworks to be  benefited thereby at its own expense, and until, except in the case of a  municipality, state or state institution, park, reservation or post, the  corporation owning the waterworks benefited shall make just and adequate  payment  for all injuries to property and for all injuries caused to the  legitimate use or operation of such property, there shall be  no  action  or  proceeding  taken  by any such municipality, officer, board, person,  commission or corporation against any  person  or  corporation  for  the  violation of any regulation of the department under this article, and no  person or corporation shall be considered to have violated or refused to  obey any such rule or regulation.