New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter D - REAL PROPERTY AND LAND ACQUISITION
Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act
Section 591.7 - Acquisition of approved projects
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Upon receipt of an approved project file, the Bureau of Real Property shall initiate the acquisition process in accordance with the applicable provisions of the Environmental Conservation Law and other applicable laws. Approval of a project does not authorize the use of the eminent domain power. Use of the eminent domain power must be separately approved on a project-by-project basis in accordance with the requirements and procedures of the Eminent Domain Procedure Law.
(b) Whenever the commissioner determines that an approved project should, because of the necessity for expeditious acquisition or for other appropriate reasons, be acquired for the department by a designee, such as a qualified conservation organization or a municipal government, then the department may permit the acquisition by such designee and the subsequent acquisition by the department from the designee.