N.Y. ENV Law § 15-1909

§ 15-1909. Entry upon lands, structures and waters; condemnation.\n 1. For carrying out the surveys and examinations required by title 19\nof this article, the department may enter upon any lands, structures and\nwaters as in its judgment may be necessary, as provided by section\n15-0305.\n 2. The department, its members, officers, employees and agents may\nenter upon any lands, structures and waters necessary for the purposes\nof title 19 of this article and may determine what rights in and to such\nproperty are to be acquired therein. If the owner of any property to be\nacquired, or on or over which an easement is needed for such improvement\nshall agree with the department upon the sum to be paid therefor, or for\nthe right to use and occupy the same, or for any damages sustained, such\nsum shall be paid as part of the necessary expense of the project.\n 3. If the department cannot agree with the owners upon the\ncompensation and damages to be paid for the property or easement to be\nacquired, the department shall proceed to take the title thereto or the\nrequired rights therein under the provisions of the eminent domain\nprocedure law.\n 4. Whenever a construction project affects a ditch or channel which\nhas been constructed and in use for twenty years and upwards such use\nand operation shall be conclusive evidence that a right of way therefor\nand all rights in the premises through which it passes, which are\nnecessary and incident to the perpetual maintenance thereof, were duly\nobtained when such ditch or channel was constructed. All real property\nacquired by a drainage improvement district shall be exempt from\ntaxation.\n