1742 - Power to acquire property.

     § 1742.  Power to acquire property.        (a)  General rule.--            (1)  The authority shall have power to acquire by        purchase, condemnation, lease, gift or otherwise all or any        part of the property of any public utility operating a        transportation system within the metropolitan area,        including, but not limited to, the plant, equipment, property        rights in property reserve funds, employees' pension or        retirement funds, special funds, franchises, licenses,        patents, permits, operating rights and paper documents and        records, which property shall be located within the        metropolitan area and shall be appropriate for the purposes        for which the authority is established, as well as all or any        part of the right-of-way, equipment, fixed facilities and        other property of any kind of any utility, extending beyond        the boundaries of the metropolitan area and forming or        capable of forming part of an integrated suburban rapid        transit or rail transportation facility, connecting with        rapid transit or electric railway lines of the authority in        superhighways or elsewhere. No interest in the right-of-way        of a railroad company the operations of which extend beyond        the metropolitan area shall be acquired or occupied under the        power of eminent domain under this section or any other        section without the consent of the railroad.            (2)  Such properties, upon acquisition by or lease to the        authority, shall become and be operated as part of the        transportation system of the authority, and the authority        shall have all powers in connection with such properties and        such operations as are conferred by this chapter.            (3)  The authority shall also have the power to enter        into agreements to operate any lines located or extending        beyond the boundaries of the metropolitan area, such        agreements to be subject to all other provisions of this        chapter. The authority shall have power to lease or purchase        any municipally owned local transportation subways or other        municipally owned local transportation facilities for        operation and maintenance by the authority.        (b)  Condemnation procedure.--            (1)  Whenever the authority shall condemn all or        substantially all of the property of a transportation system,        it may elect to commence condemnation proceedings without        immediate passage of title by inserting a provision to that        effect in the declaration of taking. In that event, the        provisions of section 402 of the act of June 22, 1964        (Sp.Sess., P.L.84, No.6), known as the Eminent Domain Code,        shall not apply, and the title shall not pass to the        authority and the authority shall not be entitled to        possession until payment to the condemnee or into court of        the amount of the just compensation payable for the property        taken, determined as of the date of filing of the declaration        of taking, as finally determined in accordance with the        provisions of this article, provided that such payment occurs        within one year of the final determination.            (2)  From and after the filing of the declaration of        taking until the payment to the condemnee of just        compensation for the condemned property, the authority shall        have the right to petition the court having jurisdiction of        the proceedings to prevent waste, substantial disposition or        any transaction with respect to the condemned property other        than in the ordinary course of business without obtaining the        prior written consent of the authority. The condemnee shall        have no right to tender possession of the property or        otherwise to demand payment of any compensation prior to the        passage of title.        References in Text.  The act of June 22, 1964 (Sp. Sess.     P.L.84, No.6), known as the Eminent Domain Code, referred to in     subsec. (b)(1), was repealed by the act of May 4, 2006 (P.L.112,     No.34). The subject matter is now contained in Title 26 (Eminent     Domain).