Section 10 - Acquisition of real property(1) Real property may be acquired by the corporation or by a subsidiary, or by a municipality for the corporation or a subsidiary, by gift, grant, devise, purchase, condemnation or otherwise.(2) The corporation or a subsidiary, electing to acquire real property through acquisition, may petition the municipality to institute proceedings pursuant to the provisions of the eminent domain procedure law, to acquire property described in the petition for a project. The resolution granting the petition shall set forth the amount to be paid by the corporation or subsidiary to the municipality for such property or, in lieu thereof, that the corporation or subsidiary shall pay to the municipality all sums expended or required to be expended by the municipality in the acquisition thereof, and the time of payment and manner of securing payment thereof, and may require that the municipality shall receive, before proceeding with the acquisition of such property, such assurances as to payment or reimbursement by the corporation or subsidiary or otherwise as the municipality may deem advisable. Upon the passage of a resolution by the local governing body of the municipality granting the petition, the corporation or subsidiary shall cause two copies of surveys or maps of the property described in the petition to be made, one of which shall be filed in the office of the corporation or subsidiary, one in the office of the corporation counsel or chief law officer of the municipality. The filing of such copies of surveys or maps shall be conclusive evidence of the acceptance by the corporation or subsidiary of the terms and conditions of such resolution. When title to the property shall have vested in the municipality, it shall convey the same to the corporation or subsidiary upon payment by the corporation or subsidiary of the sums or the giving of the security required by the resolution granting the petition. As soon as title shall have vested in the municipality, the corporation or subsidiary may, upon the authorization of the chief executive officer, enter upon the property taken, take over and dispose of existing improvements, and carry out the terms of the project with respect thereto. Whenever in connection with such proceedings, requirement is made in any applicable general, special or local law for the performance of an act by a department or officer of the municipality, it shall be regarded for the purposes of this section as compliance therewith if with the approval of the chief executive officer such act is performed by the corporation or subsidiary or by persons specially designated by it.(3) In any proceedings for the assessment of compensation and damages for property taken or to be taken by condemnation by or for the corporation or subsidiary, the following provisions shall be applicable:(a) Evidence of the price and other terms upon any sale or the rent received or reserved, whichever is less, and other terms upon any option, lease or tenancy relating to any of the property taken or to be taken or to any similar property in the vicinity when the option, sale or lease was given, occurred or the tenancy existed, within a reasonable time of the trial, shall be admissible on direct examination. At any stage of the proceedings, the court or tribunal may require such prior notice to be given of an intention to introduce evidence as to the sale, option, leasing or tenancy of property other than the property directly involved in the proceeding and of particulars relating thereto as it may deem necessary to prevent surprise.(b) The deposition of any person, whether or not a party, may be taken in the manner provided by article thirty-one of the civil practice law and rules, and the provisions of this section. Such deposition may be taken upon any question or issue in the proceeding, including the facts as to any sale, option, lease or tenancy admissible in evidence pursuant to this subdivision. The deposition may be taken at the instance of the corporation or subsidiary, the municipality or of any owner or at the direction of the court, at any time during the pendency of the action or proceeding. At least five days' notice shall be given of the taking of the testimony, if on the part of an owner, to the corporation or subsidiary and to all other owners who have appeared in the proceeding; if by the corporation or subsidiary or a municipality, to all owners who have appeared in the proceeding.(c) Any time during pendency of such action or proceedings the corporation or subsidiary, municipality or an owner may apply to the court for an order directing an owner or the corporation or subsidiary or the municipality as the case may be, to show cause why further proceedings should not be expedited, and the court may upon such application make an order requiring that hearings proceed and that any other steps be taken with all possible expedition.(d) For the purposes of this act, the award of compensation shall not be increased by reason of any increase in the value of the property caused by the clearance, reconstruction or proposed clearance or reconstruction of the property or of the area in which the property is situated. No allowance shall be made for improvements begun on property after notice to the owner of such property of the institution of the proceedings to condemn such property.(e) Evidence shall be admissible bearing upon the insanitary, unsafe or substandard condition of the premises, or the illegal use thereof, or the enhancement of rentals from such illegal use, and such evidence may be considered in fixing the compensation to be paid, notwithstanding that no steps to remedy or abate such conditions have been taken by the department or officers having jurisdiction. If a violation order is on file against the premises in any such department, it shall constitute prima facie evidence of the existence of the condition specified in such order.(f) If any of the property included within the project is devoted to a public use, it may nevertheless be acquired provided that no property belonging to the municipality or to any government may be acquired without its consent, and no property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribunal having regulatory power over such corporation.(g) Upon the trial, evidence of the price and other terms upon a sale or assignment or of a contract for the sale or assignment of a mortgage, award, proposed award, transfer of a tax lien or lien of a judgment relating to property taken, shall be relevant, material and competent, upon the issue of value or damage and shall be admissible on direct examination.(h) Upon the trial a statement, affidavit, deposition, report, transcript of testimony in an action or proceeding, or appraisal made or given by any owner or prior owner of the premises taken, or by any person on his behalf, to any court, governmental bureau, department or agency respecting the value of the property for tax purposes, shall be relevant, material and competent upon the issue of value or damage and shall be admissible on direct examination.(4) A municipality may take private property for the corporation or subsidiary for the purposes provided by this act and for recreational and other facilities incidental or appurtenant thereto, but in excess of that required for public use after such purposes have been accomplished. A municipality or the corporation or subsidiary may improve and utilize such excess property or may leave or sell such excess property with restrictions to preserve and protect the project or projects. Proceedings to acquire such excess property may be brought by the municipality for the corporation or subsidiary in the same manner as for real property required for the project and may be included in the proceedings for the acquisition of real property required for the project.(5)(a) The local governing body of a municipality, by resolution, may determine that real property of the municipality, specified and described in such resolution is not required for use by the municipality and may authorize the municipality to sell or lease such real property to the corporation or subsidiary.(b) Notwithstanding the provisions of any general, special or local law or ordinance, such sale or lease may be made without appraisal, public notice or public bidding for such price or rental and upon such terms (and, in case of a lease, for such term not exceeding fifty years with a right to one renewal term of thirty years) as may be agreed upon between the municipality and the corporation or subsidiary.(c) Before any sale or lease to the corporation or subsidiary shall be authorized, a public hearing shall be held by the local governing body to consider the proposed sale or lease.(d) Notice of such hearing shall be published at least ten days before the date set for the hearing in such publication and in such manner as may be designated by the local governing body.(e) The deed or lease of such property shall be executed in the same manner as a deed or lease by the municipality for other real property and shall contain appropriate conditions and provisions to enable the municipality to re-enter the property in the event of a violation by the corporation or subsidiary of any of the provisions of this act relating to the corporation or subsidiary or of the conditions or provisions of such deed or lease.(f) The corporation or subsidiary purchasing or leasing land from a municipality shall not, without the written approval of the municipality, use such land for any purpose except in connection with a project approved under this act. The deed shall contain a condition that the corporation or subsidiary will devote the land granted only for the purposes of a project, subject to the restrictions of this act for breach of which the municipality shall have the right to re-enter and repossess itself of the land.N.Y. Urban Development Research Corporation Act § 10