2006 New York Code - Acquisition Of Real Property

 
  § 71.01 Acquisition of real property.
    (a)  The  head of each office of the department, as defined in section
  5.03 of this chapter, when an appropriation therefor has  been  made  by
  the legislature, may acquire, for and on behalf of the health and mental
  hygiene  facilities  improvement corporation, any real property which he
  may deem necessary for the purpose of a state institution, or  for  that
  office  or  division  of  the  department  of  which  he is the head, by
  purchase or pursuant to the eminent domain procedure law, the  title  to
  which  shall  be taken in the name of and be vested in the people of the
  state of New York; provided, however, that no real property shall be  so
  acquired  by  purchase unless the title thereto shall be approved by the
  attorney general.
    (b) Whenever real property is to be acquired pursuant to  the  eminent
  domain  procedure law, the commissioner of mental hygiene shall cause to
  be made by the office of general services an accurate  acquisition  map.
  With  respect to any real property or any easement to be so acquired for
  mental hygiene purposes, the commissioner of mental  hygiene  may  cause
  the  map, contemplated by this subdivision, and any changes, alterations
  or modifications in such map and description contemplated by subdivision
  (e) of this section, to be made by the office of  general  services  or,
  with  the  approval  of  the  director  of  the  budget,  by  a licensed
  professional engineer or a licensed land surveyor, and the  commissioner
  of  general  services  and  the  commissioner of mental hygiene may each
  authorize  the  health  and  mental   hygiene   facilities   improvement
  corporation to act as agent in making such map.
    (c)  Whenever  real property is to be acquired pursuant to the eminent
  domain procedure law, the commissioner of mental hygiene shall cause  an
  accurate  map to be made by the state department of transportation. With
  respect to any real property or any  easement  to  be  so  acquired  for
  mental  hygiene  purposes,  the commissioner of mental hygiene may cause
  the map, contemplated by this subdivision, and any changes,  alterations
  or modifications in such map and description contemplated by subdivision
  (e)   of   this   section,  to  be  made  by  the  state  department  of
  transportation or, with the approval of the director of the budget, by a
  licensed professional engineer or a  licensed  land  surveyor,  and  the
  state  commissioner  of  transportation  and  the commissioner of mental
  hygiene may each authorize the  mental  hygiene  facilities  improvement
  fund to act as agent in making such map.
    (d)  On  the  approval  of  such map by the commissioner, the original
  tracing of such map shall be filed in the main office of the  department
  pursuant to the provisions of the eminent domain procedure law.
    (e)  If  the commissioner shall determine, prior to the filing of such
  map, in the office of the clerk or register of the county, that changes,
  alterations or modifications of such map as filed in the main office  of
  the  department  should  be  made,  he  or  she  shall,  subject  to the
  provisions of article two  of  the  eminent  domain  procedure  law,  if
  applicable,  direct  the preparation by the department of transportation
  of an  amended  map.  On  the  approval  of  such  amended  map  by  the
  commissioner, it shall be filed in the main office of the department and
  the  amended  map  shall  thereupon in all respects and for all purposes
  supersede the map previously filed.
    (f) If the commissioner shall determine prior to the filing of a  copy
  of such acquisition map in the office of the county clerk or register as
  provided  in  section  four  hundred two of the eminent domain procedure
  law, that such map should be withdrawn, he or she may file a certificate
  of withdrawal in the offices of the department and of the department  of
  law.    Upon  the  filing  of such certificate of withdrawal, the map to
  which it refers shall be cancelled and all rights thereunder shall cease
  and determine.
    (g)  The  commissioner of mental hygiene shall deliver to the attorney
  general a copy of such acquisition map, whereupon it shall be  the  duty
  of  the  attorney  general  to advise and certify to the commissioner of
  mental hygiene the names of  the  owners  of  the  property,  easements,
  interests or rights described in the said acquisition map, including the
  owners  of  any  right,  title  or  interest  therein,  pursuant  to the
  requirements of  section  four  hundred  three  of  the  eminent  domain
  procedure law.
    (h)  If,  at  or  after  the  vesting of title to such property in the
  people of the state of New York as provided for in  the  eminent  domain
  procedure  law,  the  commissioner  of  mental  hygiene  shall  deem  it
  necessary to cause the removal of an owner or  occupant  from  any  real
  property  so acquired, he may cause such owner or occupant to be removed
  therefrom by proceeding in accordance with section four hundred five  of
  the  eminent  domain procedure law.   The proceeding shall be brought in
  the name of the commissioner of mental hygiene as agent of the state and
  the attorney general shall represent the petitioner in the  proceedings.
  No execution shall issue for costs, if any, awarded against the state or
  the  commissioner of mental hygiene, but they shall be part of the costs
  of the acquisition of the real property and  be  paid  in  like  manner.
  Proceedings  may be brought separately against one or more of the owners
  or occupants of any such property, or  one  proceeding  may  be  brought
  against  all  or  several  of the owners or occupants of any or all such
  property within the territorial jurisdiction of the same court,  justice
  or  judge;  judgment  shall  be  made  for  immediate removal of persons
  defaulting in appearance or in answering, or withdrawing their  answers,
  if  any,  without  awaiting  the  trial  or decision of issues raised by
  contestants, if any.
    (i) Upon making any agreement provided for in  section  three  hundred
  four  of  the  eminent  domain procedure law, the commissioner of mental
  hygiene  shall  deliver  to  the  comptroller  such  agreement   and   a
  certificate  stating  the  amount due such owner or owners thereunder on
  account of such appropriation of his or their property and  the  amounts
  so  fixed  shall  be  paid  out of the state treasury after audit by the
  comptroller from moneys appropriated for the acquisition  of  such  real
  property, but not until there shall have been filed with the comptroller
  a  certificate  of  the  attorney  general showing the person or persons
  claiming the amount so agreed upon to be legally entitled thereto.
    (j) Application for reimbursement of incidental expenses  as  provided
  in  section  seven hundred two of the eminent domain procedure law shall
  be made to the commissioner upon forms prescribed by him  and  shall  be
  accompanied  by  such  information  and evidence as the commissioner may
  require. Upon approval  of  such  application,  the  commissioner  shall
  deliver  a  copy  thereof to the comptroller together with a certificate
  stating the amount due thereof, and the amount so fixed  shall  be  paid
  out  of  the  state  treasury after audit by the comptroller from monies
  appropriated for the acquisition of property under this section.
    (k) The commissioner, with the approval of the director of the budget,
  shall establish and may amend  rules  and  regulations  authorizing  the
  payment  of actual reasonable and necessary moving expenses of occupants
  of property acquired pursuant to this section or in hardship  cases  for
  the  advance  payment  of reasonable and necessary moving expenses. Such
  rules and  regulations  may  further  define  the  terms  used  in  this
  subdivision.    In  lieu  of such actual reasonable and necessary moving
  expenses, any such displaced owner or tenant of residential property may
  elect  to  accept  a  moving  expense  allowance,  plus  a   dislocation
  allowance,  determined  in  accordance  with  a schedule prepared by the
  commissioner and made a part of such rules and regulations.  In lieu  of
  such actual reasonable and necessary moving expenses, any such displaced
  owner or tenant of commercial property who relocates or discontinues his
  business  or  farm  operation  may  elect  to  accept a fixed relocation
  payment in an amount equal to the average annual  net  earnings  of  the
  business  or  farm operation, or five thousand dollars, whichever is the
  lesser. In the case of a business,  no  such  fixed  relocation  payment
  shall  be  made  unless  the  commissioner finds and determines that the
  business cannot be relocated without a substantial loss of its  existing
  patronage,  and that the business is not part of a commercial enterprise
  having at least one other establishment, which is not being acquired  by
  the  state or the United States, which is engaged in the same or similar
  business.  Application for payment under this subdivision shall be  made
  to   the  commissioner  upon  forms  prescribed  by  him  and  shall  be
  accompanied by such information and evidence  as  the  commissioner  may
  require.  Upon  approval  of  such  application,  the commissioner shall
  deliver a copy thereof to the comptroller together  with  a  certificate
  stating the amount due thereunder, and the amount so fixed shall be paid
  out  of  the  state  treasury after audit by the comptroller from moneys
  appropriated for the acquisition of property under this section. As used
  in this subdivision "commercial property" shall include  property  owned
  by an individual, family, business concern (including the operation of a
  farm) and a non-profit organization.
    (l)  Authorization  is  hereby  given  to  the  commissioner  to  make
  supplemental relocation payments, separately  computed  and  stated,  to
  displaced  owners  and tenants of residential property acquired pursuant
  to this section who are entitled thereto,  as  determined  by  him.  The
  commissioner,  with  the  approval  of  the  director of the budget, may
  establish  and  amend  rules  and   regulations   providing   for   such
  supplemental relocation payments. Such rules and regulations may further
  define  the  terms  used  in  this  subdivision. In the case of property
  acquired pursuant to  this  section  which  is  improved  by  a  single,
  two-family  or  three-family dwelling actually owned and occupied by the
  owner for not less than one year immediately prior to the initiation  of
  negotiations  for the acquisition of such property, such payment to such
  owner shall not exceed five thousand dollars.  Such payment shall be the
  amount, if any, which, when added to the acquisition payment equals  the
  average  price,  established  by  the  commissioner on a class, group or
  individual basis, required to obtain a comparable  replacement  dwelling
  that  is  decent,  safe and sanitary to accommodate the displaced owner.
  Such payment shall be made only to a displaced owner who  purchases  and
  occupies  a  dwelling within one year subsequent to the date on which he
  is required to move from the dwelling acquired pursuant to this section,
  except advance payment of such amount may be made in hardship cases.  In
  the  case  of  property  acquired pursuant to this section from which an
  individual or family,  not  otherwise  eligible  to  receive  a  payment
  pursuant  to other provisions of this subdivision, is displaced from any
  dwelling thereon which has been actually and lawfully occupied  by  such
  individual  or family for not less than ninety days immediately prior to
  the initiation of negotiations for the  acquisition  of  such  property,
  such  payment to such individual or family shall not exceed one thousand
  five hundred dollars.   Such  payment  shall  be  the  amount  which  is
  necessary  to  enable  such  individual or family to lease or rent for a
  period not to exceed two years, or to  make  the  down  payment  on  the
  purchase   of,   a  decent,  safe  and  sanitary  dwelling  adequate  to
  accommodate such individual or family.  Application  for  payment  under
  this subdivision shall be made to the commissioner upon forms prescribed
  by  him and shall be accompanied by such information and evidence as the
  commissioner  may  require.  Upon  approval  of  such  application,  the
  commissioner  shall  deliver a copy thereof to the comptroller, together
  with  a certificate stating the amount due thereunder, and the amount so
  fixed shall be paid out  of  the  state  treasury  after  audit  by  the
  comptroller  from  moneys  appropriated  for the acquisition of property
  under this section.
    (m) The owner of any real property so  acquired  may  present  to  the
  court  of  claims, pursuant to section five hundred three of the eminent
  domain procedure law a claim for the value of such property acquired and
  for legal damages caused by such acquisition, as provided by law for the
  filing of claims with the court of claims. Awards and judgments  of  the
  court of claims shall be paid in the same manner as awards and judgments
  of  that  court for the acquisition of lands generally and shall be paid
  out of the state treasury after audit by  the  comptroller  from  moneys
  appropriated for the acquisition of such real property.
    (n)  If  the commissioner of mental hygiene shall determine subsequent
  to the acquisition of a temporary easement in any real property that the
  purposes  for  which  such  easement  right  was  acquired   have   been
  accomplished  and  that  the  exercise  of  such  easement  is no longer
  necessary, he shall make his  certificate  that  the  exercise  of  such
  easement  is  no  longer  necessary  and  that  such  easement  right is
  therefore terminated, released and  extinguished.  The  commissioner  of
  mental hygiene shall cause such certificate to be filed in the office of
  the  department of state and upon such filing all rights acquired by the
  state in such property shall cease and determine.  The  commissioner  of
  mental  hygiene  shall  cause a certified copy of such certificate as so
  filed in the office of the department of state to be mailed to the owner
  of the property affected, as certified by the attorney general,  if  the
  place  of  residence  of  such owner is known or can be ascertained by a
  reasonable effort and such commissioner of mental hygiene shall cause  a
  further  certified copy of such certificate to be filed in the office of
  the recording officer of each county in which the property  affected  or
  any  part  thereof  is situated. On the filing of such certified copy of
  such certificate with such recording officer, it shall be  his  duty  to
  record  the same in his office in the books used for recording deeds and
  to index the same against the name of the people of  the  state  of  New
  York as grantor.
    (o)  If  moneys appropriated by the legislature for the acquisition of
  any real property under this  section  are  subject  to  repayment,  the
  comptroller  shall  annually  certify  to the trustees of the health and
  mental hygiene facilities improvement corporation on or before May first
  in every year, the costs of  acquisition  of  such  real  property  paid
  during  the  preceding  state  fiscal  year  and  the aggregate costs of
  acquisition of such real property paid during all preceding state fiscal
  years out of the state treasury from moneys so appropriated.