The Text

(a) When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by the supreme court without a jury, but not with a referee, or by one or more supreme court commissioners or, within the third and fourth judicial departments and such part of the second judicial department not within the city of New York by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Where the proceedings are instituted by a civil division of the state, compensation shall be paid before such taking, unless the supreme court, after hearing, because of public necessity shall otherwise direct.
(b) Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
(c) General laws may be passed permitting the owners or occupants of swamp or agricultural lands to construct and maintain for the drainage thereof, necessary drains, itches and dikes upon the lands of others, under proper restrictions on making just compensation, which shall be assessed against the property benefited thereby.
(d) The legislature may authorize cities to take more land and property than is needed for actual construction in the laying out, widening, extending or relocating parks, public places, highways or streets; provided, however, that the additional land and property so authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased. The legislature may also authorize cities, for the establishment of a uniform system of streets, to take real property within an abandoned street or highway and to sell and lease it.