US Laws, Codes, Statutes & Cases

 
    §  5-423  Damage  to value of real property; businesses, and employees
  thereof. a. The owner of any real estate not taken  by  virtue  of  this
  subchapter  and article fifteen of the environmental conservation law or
  of any established business on the first day of June,  nineteen  hundred
  five,  except  as  hereinafter  provided, and situate in the counties of
  Ulster, Albany or Greene, directly or indirectly decreased in  value  by
  reason  of  the  acquiring  of  land by the city for an additional water
  supply or by reason of the execution of any plans  for  such  additional
  water  supply  by  the  city under the provisions of this subchapter and
  article fifteen of the environmental conservation law, his or her heirs,
  assigns or personal representatives shall have a right  to  damages  for
  such decrease in value. The owner of any real estate not taken by virtue
  of  this  subchapter  or of any established business on the first day of
  December, nineteen hundred fourteen,  except  as  hereinafter  provided,
  situate  in  the  counties  of  Ulster,  Greene,  Delaware or Schoharie,
  directly or indirectly decreased in value by reason of the  acquisition,
  after  the  passage  of  this  subchapter  of  land  by  the city for an
  additional water supply from the Schoharie watershed, or  by  reason  of
  the  execution  of  any plans for such additional water supply from such
  watershed, under the provisions of this subchapter, his or  her  assigns
  or  personal  representatives,  shall  have  a right to damages for such
  decrease in value. The owner of any real estate, not taken,  situate  in
  any one or more of the counties of Ulster, Delaware, Orange or Sullivan,
  or  of  any  established  business,  directly or indirectly decreased in
  value by reason of the execution of any plans for or by the  acquisition
  of  land  by  the  city for a water supply from the Rondout and Delaware
  watersheds except that portion of the Delaware  watershed  of  the  west
  branch  of  the Delaware river within such counties, or any of them, and
  the owner of any real estate, not taken, situate in any one or  more  of
  such  counties  or  situate  in  the  corporate limits of the village of
  Deposit in the county of Broome existing on  the  first  day  of  April,
  nineteen  hundred  fifty-nine,  or  of  any  established business, which
  business was established on or prior to the first day of April, nineteen
  hundred fifty-nine which is directly or indirectly decreased in value by
  reason of the execution of any plans for or by the acquistion of land by
  the city for a water supply from the watershed of the west branch of the
  Delaware river, pursuant to law, his or her or its assigns, or  personal
  representatives  in any such case shall have a right to damages for such
  decrease in value, from the time of the beginning of  such  decrease  in
  value,  provided,  however, that in the case of an established business,
  the recovery of or award made to any  claimant  shall  not  include  any
  business  that may have resulted by reason of the execution of any plans
  for such water supply. The commissioner of environmental protection  may
  agree  with  such  person  as to the amount of such damages, and if such
  agreement can not be made such damages, if any, shall be  determined  in
  the  manner  herein  provided  for  the ascertaining and determining the
  value of real estate taken under the provisions of this subchapter,  and
  the  commissioners  shall not be limited in the reception of evidence to
  the rules  regulating  the  proof  of  direct  damages.  They  may  also
  recommend  such sums, if any, as shall seem to them proper to be allowed
  to parties appearing in the proceeding, as expenses  and  disbursements,
  including  reasonable  compensation  for  witnesses.  The amount of such
  damages so agreed upon as aforesaid or determined as aforesaid shall  be
  payable  and collectible in the same manner as is herein provided in the
  case  of  awards  made  through  the  confirmation  of   a   report   of
  commissioners of appraisal.
    b.  A  person  employed  in  a  manufacturing  establishment, or in an
  established business, or upon any lands, and who is not an owner or part

  owner thereof or of any interest therein, in  the  counties  of  Ulster,
  Delaware,   Orange  and  Sullivan,  which  manufacturing  establishment,
  established business or lands is injured or  destroyed  because  of  the
  acquisition by the city of an additional water supply from any watershed
  within  such counties, except the watershed tributary to the west branch
  of the Delaware river, or which lands are taken  or  acquired  for  like
  purpose  by  the  city  and a person who was employed in a manufacturing
  establishment or in an established business or  upon  any  lands  within
  such  counties  or  in the corporate limits of the village of Deposit in
  the county of Broome and who is not an owner or part owner thereof or of
  any interest therein, which manufacturing establishment  or  established
  business  or  lands is injured or destroyed because of an acquisition by
  the city of an additional water supply from the watershed  of  the  west
  branch  of  the Delaware river, or which lands are taken or acquired for
  like purpose by the city, and who in any such case has been so  employed
  continuously  for  six  months  prior  to,  and  who  continues  in such
  employment up to  the  time  of  such  injury,  destruction,  taking  or
  acquisition,  shall  have  a claim for damages against the city equal to
  the salary paid such employee for the six months  immediately  preceding
  such  injury,  destruction,  taking  or acquisition. Such damages may be
  determined  by  agreement  with  the   commissioner   of   environmental
  protection.  In  case  such  agreement can not be made such employee may
  maintain an action against the city in the supreme court to recover such
  damages, not, however, to exceed the sum of wages paid the employee  for
  the   six   months   preceding   such  injury,  destruction,  taking  or
  acquisition.