Section 23-a - Authority of political subdivisions to provide facilities and materials essential to public safetyEach political subdivision of the state, the board of higher education in the city of New York, and, with respect to property located in the state of New York, the port of New York authority and the waterfront commission of New York harbor, shall have power:
a.To acquire, construct, install and maintain shelters, including fallout shelters, and other civil defense facilities and to acquire, store and maintain materials, such shelters, facilities and materials being for the protection, safety and health of students, faculty, administrative staff, employees and the public at large during and subsequent to attack, provided i. such acquisition, construction, installation, maintenance and storage is not inconsistent with the plan, regulations or orders of the commission or with the applicable local plan promulgated pursuant to subdivision one of section twenty-three of this act; and ii. such acquisition, construction, installation, maintenance and storage is effected by contract, let in the manner provided by law, by employees of such political subdivision, board, authority or commission, by agreement for the effectuation thereof by the owner of the building, structure or real property to be used in connection therewith or in any manner authorized by other provisions of law.b.To utilize any publicly owned building, structure, real property or personal property in connection with such acquisition, construction, installation, maintenance and storage with the approval of the appropriate officer or agency having control thereof, subject to such terms and conditions as may be agreed to by such officer or agency.c.To acquire in connection with such acquisition, construction, installation, maintenance and storage any real or personal property, or any interest therein, or the right to use the same for a temporary period by purchase, lease or other agreement with the owner thereof or by authorization to use without consideration. Nothing contained in this section shall limit the power of such political subdivision, board, authority or commission to condemn or otherwise acquire real or personal property for such purposes under other provisions of law.N.Y. Defense Emergency Act 1951 Law § 23-a