§ 15-1729. Eminent domain.\n Real property may be acquired pursuant to title 17 of this article\nunder an exercise of the right of eminent domain in the following cases:\n 1. Real property which is necessary to the full development and\nutilization of any water power site of which the state is the owner, in\nwhole or in part.\n 2. Real property which is necessary to the full development of water\npower sites where such water power sites on a stream, or in a given\nlocality cannot be developed separately as efficiently and economically\nfor the generation of power as under a plan for their development\ntogether and the owner or owners of the right to the use of the greater\npart of the head and volume of usable flow for power at such sites\ntransfer the same to a corporation organized for the production, sale\nand distribution of heat, light and power to the public as herein\nprovided, or such right is owned by such a corporation and the\ndepartment determines by resolution that such power sites can be more\nefficiently and economically developed for the production of power under\nsuch a plan than singly, and the heat, light or power is necessary for\npublic use.\n 3. Real property, on the application of a corporation organized for\nthe production of heat, light or power, after a determination by the\nPublic Service Commission that such property is necessary to the full\ndevelopment and utilization of a single undeveloped water power site, a\nmajor part of the head and volume of the usable flow for power at which\nsite is owned by such corporation, for the production of heat, light or\npower for sale or distribution to the public and that such heat, light\nor power is necessary for public use. In any county containing a part of\nthe forest preserve as now constituted, for the purpose of establishing\nthe right to exercise the power of eminent domain under this subdivision\nthe ownership of wild or unoccupied land shall be presumed to be in an\napplicant showing a record title under which the applicant or his\ngrantors has claimed for a period of ten years and it appears that the\nstate and county taxes thereon have been paid by or on behalf of such\napplicant or his grantors for a period of five years before the\nproceeding in which the application is made was begun; ownership in\nother lands wherever located shall be presumed on showing record title\nin the applicant for a period of ten years and possession thereunder for\na like period.\n 4. Such right of eminent domain shall be exercised under the\nprovisions of the eminent domain procedure law subject to the following\nrestrictions and limitations:\n a. The acquisition of real property for the state shall be on the\napplication of the department, and payment therefor shall be made in the\nmanner provided for the payment of lands appropriated by the state in\nthe Adirondack and Catskill parks under section 3-0305 of this chapter.\n b. If a water power site be taken under subdivision 2 of this section,\nthe owner of any such power site shall have the option to receive and\nown such a proportion of the power resulting from the common development\nas the head and volume of the usable flow of the water at the site bears\nto the product of the total head and volume of the usable flow of the\nwaters of the common development, provided he pays a like proportion of\nthe cost of development, maintenance and operation, and consents that\nhis pro rata share of such power shall be pledged to secure such\npayment, and assents to such reasonable and equitable provisions and\nregulations in relation to the development and operation thereof for the\ncommon benefit and to payment therefor as the department shall\nprescribe. In case of the exercise of such option by the owner of a\ndeveloped water power site, such owner shall also be allowed the loss,\nif any, resulting to him from the excess in value, if any, of the water\npower owned by him before such common development over the wat
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