2006 New York Code - Proceedings As To Evidence In Appropriation Cases.



 
    §  16. Proceedings as to evidence in appropriation cases.  1. Upon the
  trial of any claim for the appropriation of real property or an interest
  therein, evidence of the price and other terms upon any sale, or of  the
  rent  reserved  and other terms upon any lease, relating to any property
  taken or to be taken or to any other property in  the  vicinity  thereof
  shall  be  relevant,  material and competent, upon the issue of value or
  damage and shall be admissible on direct examination, if the court shall
  find (1) that such sale or lease was made within a  reasonable  time  of
  the vesting of title in the state, (2) that it was made in good faith in
  the  ordinary  course  of  business,  and (3) in case such sale or lease
  relates to other than property taken or to be taken, that it relates  to
  property  which  is  similar  to  the  property  taken  or  to be taken;
  provided, however, that no such evidence shall be admissible as  to  any
  sale or lease, unless at least twenty days before the trial the attorney
  for  the party proposing to offer such evidence shall have served either
  personally or by mail a written notice in respect of such sale or lease,
  which said notice shall specify the names and addresses of  the  parties
  to  the  sale  or lease, the date of making of the same, the location of
  the premises, the office, liber and page of the record of the  same,  if
  recorded,  and  the  purchase  price or rent reserved and other material
  terms; or unless such sale or lease shall have  occurred  within  twenty
  days  before  the  trial.  Such  notice by the attorney-general shall be
  served upon all claimants or their attorneys named in the claim;  or  if
  served   on   behalf   of   a   claimant,   shall  be  served  upon  the
  attorney-general and upon all other claimants or their  attorneys  named
  in  the claim. Where the court has received and accepted evidence of the
  price and other terms upon any sale or of the rent  reserved  and  other
  terms  upon  any  lease of property in the vicinity of the parcel taken,
  the court may, in its discretion, view such properties.
    2. Upon the trial evidence showing the amount or valuation  for  which
  each  parcel  of such real property taken has been assessed for purposes
  of taxation on the city, town or village assessment rolls,  wherein  the
  real  property  is  situated,  for each of the three years preceding the
  date of said  taking  shall  be  received  in  evidence,  such  assessed
  valuation,  in case only part of an entire plot in a single ownership is
  to be acquired, shall include the valuation of all buildings encroaching
  upon or within the bounds of the taking  provided,  however,  that  when
  offered  such  evidence  shall  be  subject  to objection upon any legal
  ground.

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