US Laws, Codes, Statutes & Cases

 
    §  5-386  Vesting  of  title;  possession;  removal  of  buildings  or
  improvements. On filing such oaths, in the manner  provided  in  section
  5-384  of this subchapter, the city shall be and become seized in fee of
  all those parcels of real estate which are on the maps  referred  to  in
  section  5-379 of this subchapter delineated as parcels, of which it has
  been determined that the fee should be acquired, and shall also  be  and
  become  vested  of  the  easements,  in, over, upon or through all those
  other parcels of real estate  which  are  on  said  maps  delineated  as
  parcels  in,  over,  upon  or  through which it has been determined that
  easements should be acquired; and may immediately  or  at  any  time  or
  times  thereafter  take  possession  of  the  same  or any part or parts
  thereof without  any  suit  or  proceeding  at  law  for  that  purpose;
  provided,  however, that before the city takes possession of the same it
  shall pay to the respective owner or owners of each of such  parcels  of
  real  estate, which are upon such maps delineated as parcels of which it
  has been determined that the fee should  be  acquired,  (a)  if  located
  outside   the  counties  of  Ulster,  Greene,  Sullivan,  Schoharie  and
  Delaware, a sum of money equal to one-half  the  assessed  valuation  of
  such  real  property as the same appears upon the assessment roll of the
  town or tax district in which the same is  situate  for  the  year  next
  preceding  that  in which the city becomes seized in fee of each of such
  parcels of real estate, and (b) if located in the  counties  of  Ulster,
  Greene,  Sullivan,  Schoharie or Delaware, a sum of money equal to fifty
  per centum of the full valuation of such real estate. In the event  that
  a  parcel  so  delineated  on said map as a fee parcel is not separately
  assessed on the assessment roll of the town or tax district in which the
  same is situated but is assessed as a part of another  tract,  then  the
  amount  which  the  city  shall be required to pay or deposit under this
  section shall be (a) if the parcel be located outside  the  counties  of
  Ulster,  Greene,  Sullivan, Schoharie and Delaware, the proportion which
  the assessed valuation of the parcel  acquired  bears  to  the  assessed
  valuation  of  the  entire  property  as  a part of which said parcel is
  assessed, and (b) if the parcel be located in the  counties  of  Ulster,
  Greene,  Sullivan,  Schoharie or Delaware, the proportion which the full
  valuation of the parcel acquired bears to  the  full  valuation  of  the
  entire  property as a part of which said parcel is assessed. The supreme
  court in the judicial district in which the land is situated  is  hereby
  authorized  to  make  an order prorating such assessed valuation or full
  valuation, as the case may be, and to determine the proportion  of  such
  assessed valuation or full valuation, as the case may be, which the city
  of  New  York  shall be required to pay before taking possession of such
  parcel. The city, at its option and by agreement  with  such  respective
  owner or owners, may, instead of paying to him or her or them the amount
  or  amounts  hereinbefore  required,  pay to him or her or them a sum or
  sums of money greater than but not more than twice the amount or amounts
  hereinbefore required. For the purposes  of  this  section  only,  "full
  valuation"  of real estate shall mean the assessed valuation thereof, as
  the same appears on the assessment roll of the town or tax  district  in
  which  the  real  estate  is situate for the year next preceding that in
  which the city becomes seized in fee thereof, divided  by  the  rate  of
  assessment  of  real  property in such town or tax district for the same
  year as finally recommended for adoption by  the  state  tax  commission
  under  the provisions of the real property tax law formerly contained in
  sections fifty and one hundred seventy-four of the tax law.  Deposit  of
  all  moneys  hereunder  to the credit of, or payable to the order of the
  owner, pursuant to the direction of the court, shall be deemed a payment
  within the provisions of this section, and, thereupon, the  commissioner
  of environmental protection, or any person or persons acting under their

  or  its  authority may enter upon and use and occupy to the exclusion of
  any and all other persons all the parcels of real estate  delineated  on
  such  map for the purpose of carrying out the plan or plans, or any part
  thereof,  described  in  section  5-377  of  this  subchapter, provided,
  however, that no buildings or improvements shall be removed or disturbed
  within one year from the  date  of  the  filing  of  the  oaths  of  the
  commissioners  unless  thirty  days'  notice  in writing is given to the
  owner, or to his or her attorney, if any, by the corporation counsel  of
  the  intention  to  make  such  removal,  and  affording  the  owner  an
  opportunity to examine the property with the commissioners of  appraisal
  and such witnesses as he or she may desire. If the owner of the property
  can  not  be  found  with  due  diligence,  and  there  is  no  attorney
  representing such property or parcel, before  removing,  disturbing,  or
  destroying  any  of the buildings, or the improvements, a representative
  of the commissioner of environmental protection or  of  the  corporation
  counsel  shall  cause  measurements  to  be  made  of  the buildings and
  photographs of  the  exterior  views  thereof,  which  measurements  and
  photographs  shall be at the disposition thereafter of the claimants, or
  their attorneys, in case such claimants or their attorneys should appear
  and demand the same before the case is tried.