2006 New York Code - Acquisition Of Real Property By Purchase Or Appropriation.

 
    §  27.  Acquisition  of real property by purchase or appropriation. 1.
  The commissioner of general services  when  moneys  therefor  have  been
  appropriated  by the legislature or are otherwise available, may acquire
  any real property which he deems necessary  for  the  implementation  or
  accomplishment   of   any  statutory  purpose,  function,  operation  or
  responsibility of the commissioner of general services or the office  of
  general  services,  by  purchase  or  as  provided in the eminent domain
  procedure law. Title to such real property shall be taken in the name of
  and be vested in the people of the state of New York. No  real  property
  shall be so acquired by purchase unless the title thereto is approved by
  the attorney general. The terms "property" or "real property" as used in
  this  section  shall  mean  "real  property"  as  defined by section one
  hundred three of the eminent domain procedure law.
    2. Whenever real property  is  to  be  so  acquired  pursuant  to  the
  provisions  of  the  eminent  domain  procedure  law the commissioner of
  general services shall cause to be made an accurate acquisition  map  as
  so provided in said law.
    3.  On  the  approval  of  such  map  by  the  commissioner of general
  services, the original tracing of the map shall, pursuant to the eminent
  domain procedure law, be filed in the  main  office  of  the  office  of
  general services.
    4.  If  the commissioner of general services shall determine, prior to
  the filing of a copy of such acquisition map in the office of the county
  clerk, that changes, alterations or modifications of such map  as  filed
  in the main offices of the office of general services 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  of  an
  amended map. On the approval of such amended map by the commissioner, it
  shall  be  filed  in  his  or  her  office  and  he or she shall cause a
  certified copy of such amended map to be filed in the office in the same
  manner as the original map was filed and the amended map shall thereupon
  in all respects and for all purposes supersede the map previously filed.
    5. If the commissioner of general services shall determine,  prior  to
  the  filing  of a copy of an acquisition map in the office of the county
  clerk, as provided in section four hundred two  of  the  eminent  domain
  procedure law, that such map should be withdrawn, he or she shall file a
  certificate  of  withdrawal  in  the  offices  of  the office of general
  services 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 terminate.
    6.  The commissioner of general services 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 the
  names of  the  owners  of  the  real  property  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.
    7. If, at or after the vesting of title to such property in the people
  of  the  state  of  New  York  in the manner provided for in the eminent
  domain procedure law, the commissioner of general services shall deem it
  necessary to cause the removal of an owner or other occupant  from  such
  property, he may cause such owner or occupant to be removed therefrom by
  proceeding in accordance with section four hundred five of such law. The
  proceeding  shall be brought in the name of the commissioner 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, 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  given  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.
    8.  Upon  making  any  agreement provided for in section three hundred
  four of the eminent domain procedure law, the  commissioner  of  general
  services   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 amount 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.
    9. Application for reimbursement as provided in section seven  hundred
  two   of  the  eminent  domain  procedure  law  shall  be  made  to  the
  commissioner of general services 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 amounts 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.
    10. The commissioner of general services, with  the  approval  of  the
  director  of the budget, shall establish and may from time to time amend
  rules and regulations authorizing the payment of actual  reasonable  and
  necessary  moving expenses of occupants of property acquired pursuant to
  this section; of actual direct losses of tangible personal property as a
  result of moving or discontinuing a business or farm operation, but  not
  exceeding  an  amount  equal  to the reasonable expenses that would have
  been  required  to  relocate  such  property,  as  determined   by   the
  commissioner;   of   actual  reasonable  expenses  in  searching  for  a
  replacement  business  or  farm;  and  of  actual  reasonable   expenses
  necessary  to  reestablish a displaced farm, not-for-profit organization
  or small business at its new  site,  but  not  to  exceed  ten  thousand
  dollars,  or  in hardship cases for the advance payment of such expenses
  and losses. 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  and   actual
  reasonable  reestablishment expenses, any such displaced owner or tenant
  of commercial property who meets eligibility criteria and  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, except that such payment shall be not
  less than one thousand dollars nor more than twenty thousand dollars.  A
  displaced  not-for-profit organization may choose a fixed payment of one
  thousand to twenty thousand dollars in lieu of the  payment  for  actual
  moving  and  related  expenses  and  actual  reasonable  reestablishment
  expenses if eligibility criteria are met. 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 the term "commercial
  property"  shall  include  property  owned  by  an  individual,  family,
  partnership,  corporation,  association or a not-for-profit organization
  and includes a farm operation. As used  in  this  subdivision  the  term
  "business" means any lawful activity, except a farm operation, conducted
  primarily  for the purchase, sale, lease and rental of personal and real
  property, and for the manufacture, processing, or marketing of products,
  commodities, or any other personal property; for the sale of services to
  the public;  or  by  a  not-for-profit  organization.  The  term  "small
  business"  means  a business having not more than five hundred employees
  working at the site being acquired or permanently displaced. As used  in
  this  subdivision the term "farm operation" means any activity conducted
  solely or primarily for the  production  of  one  or  more  agricultural
  products  or  commodities  including  timber  for  sale or home use, and
  customarily  producing  such  products  or  commodities  in   sufficient
  quantities  to  be  capable of contributing materially to the operator's
  support.
    11. The commissioner of general services  pursuant  to  section  three
  hundred five of the eminent domain procedure law, may make agreements on
  such  terms,  conditions and consideration as he deems beneficial to the
  state with respect to any property  heretofore  or  hereafter  acquired,
  whereby  such  property  may  be  used and occupied by the former owner,
  tenant or by any other party from a date specified  in  said  agreement,
  until  such  time  as  the  state  requires  and obtains actual physical
  possession. The agreements for the use and occupancy  of  such  property
  may  be  managed,  supervised  and enforced (a) by the staff, forces and
  equipment of the office of general services; or (b) by the  commissioner
  of  general  services  contracting  for  the management, supervision and
  enforcement thereof with any person, firm or corporation; or  (c)  by  a
  combination of such methods.
    The  use  and  occupancy of such property under the provisions of this
  section and the right of the state  or  its  duly  authorized  agent  to
  recover possession thereof shall not be subject to the emergency housing
  rent control law.
    Expenses  which  are  determined  by  the  commissioner  to  have been
  incurred in connection with the use and occupancy of such  property  may
  be  paid  out  of the state treasury after audit by the comptroller from
  moneys appropriated for  the  duly  authorized  project  for  which  the
  property  was acquired. However, such expenses incurred under a contract
  for management and supervision of such property may be paid out  of  the
  gross  revenue  therefrom.  All  moneys received by the commissioner for
  such use or occupancy shall be paid into the treasury of  the  state  to
  the credit of the capital projects fund.
    12.  Authorization  is  hereby  given  to  the commissioner of general
  services 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 from  time  to  time  amend  rules  and
  regulations  providing  for  such  supplemental  relocation  payments or
  replacement housing. 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 dwelling actually  owned
  and occupied by the displaced owner for not less than one hundred eighty
  days immediately prior to initiation of negotiations for the acquisition
  of such property, such payment to such owner shall not exceed twenty-two
  thousand five hundred 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,  reasonably
  accessible  to public services and places of employment and available on
  the private market, but in  no  event  shall  such  payment  exceed  the
  difference  between acquisition payment and the actual purchase price of
  a replacement dwelling which is decent, safe and sanitary. Such  payment
  shall  include  an amount which will compensate such displaced owner for
  any increased interest costs which such person is required  to  pay  for
  financing  the  acquisition of any such comparable replacement dwelling.
  Such amount shall be paid only if the dwelling acquired pursuant to this
  section was encumbered by a bona fide mortgage which was a valid lien on
  such dwelling for not less than one hundred eighty  days  prior  to  the
  initiation  of  negotiations  for  the acquisition of such dwelling. Any
  such mortgage interest differential payment shall,  notwithstanding  the
  provisions  of  section twenty-six-b of the general construction law, be
  in lieu of and in full satisfaction of the requirements of such section.
  Such  payment  shall  include  reasonable  expenses  incurred  by   such
  displaced  owner for evidence of title, recording fees and other closing
  costs incident to the purchase of  the  replacement  dwelling,  but  not
  including  prepaid  expenses.  Such  payment  shall  be  made  only to a
  displaced owner who purchases and occupies a replacement dwelling  which
  is  decent,  safe and sanitary within one year subsequent to the date on
  which he is required to move from the dwelling acquired pursuant to this
  section or the date  the  commissioner  identifies,  for  the  displaced
  owner,  replacement  housing actually available within the limits of the
  offer extended for replacement housing, whichever occurs  later,  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 the above 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
  five  thousand  two  hundred  fifty  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 forty-two months, a decent, safe, and
  sanitary  dwelling  of standards adequate to accommodate such individual
  or family in areas not generally less  desirable  in  regard  to  public
  utilities and public and commercial facilities and reasonably accessible
  to  his place of employment. Such payment may be used as a down payment,
  including reasonable expenses incurred by such individual or family  for
  evidence  of  title, recording fees, and other closing costs incident to
  the purchase of the replacement  dwelling,  but  not  including  prepaid
  expenses,  on  the  purchase  of a decent, safe and sanitary dwelling of
  standards adequate to accommodate such individual or family in areas not
  generally less desirable in regard to public utilities  and  public  and
  commercial  facilities.  Such  payments  may  be made in installments as
  determined by the commissioner. However, notwithstanding the  provisions
  of  this  subdivision,  if  it  is  determined  by the commissioner that
  replacement housing cannot be obtained for the  supplemental  relocation
  payments  specified  herein,  he  may,  subject  to  the approval of the
  director of the budget, take such action as is necessary or  appropriate
  to  provide last resort housing with the use of funds authorized for the
  project. 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.
    13.  Any  owner of real property acquired pursuant to this section 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 appropriated and for legal damages, 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.
    14. Expenses  incurred  in  the  acquisition  of  the  real  property,
  including  the  cost  of  making surveys, and preparing descriptions and
  maps of property  to  be  acquired,  and  of  administrative  duties  in
  connection  therewith, serving notices, making appraisals and agreements
  and of searches ordered and examinations and readings of title  made  by
  the  attorney  general,  and  expenses  incurred  by the commissioner of
  general services or attorney  general  in  proceedings  for  removal  of
  owners  and  occupants,  shall  be  deemed to be part of the cost of the
  acquisition of such real property.
    15. If the commissioner of general services 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  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 real
  property shall cease and  determine.  The  commissioner  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  the
  commissioner 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.
    16. If any clause, sentence, paragraph, or part of this section or the
  application  thereof  to  any  person,  firm  or corporation, project or
  circumstance shall be adjudged by any court of competent jurisdiction to
  be invalid, such judgment shall not affect,  impair  or  invalidate  the
  remainder thereof, but shall be confined in its operation to the clause,
  sentence,  paragraph,  or part of the application thereof to the person,
  firm or corporation, project or circumstance directly  involved  in  the
  controversy in which such judgment shall have been rendered.