2006 New York Code - Filing Of Acquisition Maps; Vesting.

 
    §  402.  Filing  of acquisition maps; vesting. (A) In all acquisitions
  under the court of claims jurisdiction provided in  subdivision  (A)  of
  section  five hundred one herein, prior to acquiring property, the state
  of New York, within the time prescribed by section four hundred  one  of
  this law, shall:
    (1) file in the main office of the agency, department, or authority or
  public  benefit corporation for which the acquisition is being made, the
  original tracing of the acquisition  map  or  a  microfilm  or  computer
  digitized  copy  of  the  original  acquisition map of any real property
  which it deems necessary for purposes connected with a  proposed  public
  project,  indicating  and  describing  in  each  instance the particular
  easement, interest or right, in  the  real  property  that  is  acquired
  including metes and bounds or section, block and lot numbers; and
    (2) notify condemnees by first class mail that the condemning party is
  now  taking  steps  to  acquire such property, thereupon, subject to the
  provisions of this law, the people of  the  state  of  New  York,  their
  officers  and  agents  may immediately enter upon and take possession of
  the real property so described for any and all purposes  connected  with
  the proposed public project; and
    (3) file a certified copy of such acquisition map in the office of the
  county  clerk  or  register of each county in which such property or any
  portion thereof is situated,  and  thereupon,  the  acquisition  of  the
  property  by  the  state, described in such map shall be deemed complete
  and title to such property shall be vested in the state.
    (4) if the condemnor deems it necessary  to  acquire  immediately  any
  property  which  is  in  the bed or beds of any streams, lakes, streets,
  roads, highways, or rights  of  way  for  purposes  connected  with  the
  proposed  public  project,  it  shall  cause  to be prepared an accurate
  description and map of such property, indicating and describing in  each
  case the particular easement, interest or right. On the approval of such
  description  and  map  by the condemnor, it may proceed to vest title in
  such property, easements, interests or  rights  by  acquisition  in  the
  manner  hereinafter  provided. Such description and the original tracing
  of such map or a microfilm or computer digitized copy  of  the  original
  tracing  shall be filed in the office of the condemnor. On the filing of
  such description and map in the office of the condemnor, the  people  of
  the  state,  their  officers  and agents, may immediately enter upon and
  take possession of the property so described for any  and  all  purposes
  connected  with  the  proposed  public project. A certified copy of such
  description and map shall be filed by the condemnor in the office of the
  county clerk or register of  each  county  in  which  such  property  is
  situated  and  thereupon  the  acquisition  by the state of the property
  described in such description and map shall be deemed complete, and  the
  title  to  such property shall vest in the people of the state. Upon the
  completion of the filing in the office of the county clerk  or  register
  as  aforesaid,  the condemnor shall cause a notice of such filing of the
  description and map, together with a description of such property, to be
  published at least once in a  newspaper  published  and  having  general
  circulation  in  each county where such property is situated. Claims for
  the value of the property acquired and for legal damages caused  by  any
  such acquisition may be adjusted by the condemnor in the manner provided
  by  law  notwithstanding  that  a claim has been filed with the court of
  claims, and in all cases where claims for such damages have been  agreed
  upon  or  an  award  has  been made by the court of claims, the claimant
  shall submit to the attorney general such proof of title to the property
  so acquired as shall be satisfactory to the attorney general. All  other
  statutory  provisions  relating to claims on account of such acquisition
  shall apply to claims which may arise under this  subdivision  with  the
  same force and effect.
    (B)  In  all acquisitions under supreme court jurisdiction provided in
  subdivision (B) of section five hundred one herein, the condemnor, prior
  to filing an acquisition map within the time prescribed by section  four
  hundred  one,  shall  obtain  an  order to acquire such property and for
  permission to file such map by presentation of a  verified  petition  to
  the supreme court in the judicial district where the real property to be
  acquired  or  any  part  thereof,  is  situated,  in accordance with the
  following procedure:
    (1) The condemnor shall cause to be filed in the office of  the  clerk
  of  each  county  where  the  real  property  to be acquired or any part
  thereof is situated, a notice of the pendency of such  proceeding.  Such
  notice  shall  briefly  state  the  object  of  the proceeding and shall
  contain a general description by metes and bounds or by  section,  block
  and  lot  number  of  the real property to be acquired thereby. It shall
  also state the names of such of the  reputed  condemnees  of  such  real
  property  as  may  be  known  to  the  condemnor, and in case any of the
  condemnees are unknown, a statement to that effect shall be made in such
  notice.
    (2) The condemnor shall, at least twenty days prior to the return date
  of the petition, serve a notice of the time, place  and  object  of  the
  proceeding  upon  the owner of record of the property to be acquired, as
  the same appears from the record of the office in which the  acquisition
  map  is to be filed. Said notice shall contain a copy of that portion of
  the proposed acquisition map affecting  the  owner's  property.  Service
  shall  be  made  pursuant  to  the  civil  practice  law and rules or by
  registered or certified mail, return receipt requested.  If  service  is
  made  by  mail  it shall be sent to the last known address of the owner,
  and the following provisions shall also apply:
    (a) At least ten but not more than thirty days before the return  date
  of  the  application, the condemnor shall also cause a copy of a diagram
  or representation of the acquisition map showing the  perimeters  to  be
  acquired  and  a notice generally describing the property to be acquired
  by metes and bounds  or  by  section,  block  and  lot  numbers,  to  be
  advertised  by  publishing  in  at  least  ten  successive  issues of an
  official newspaper if there is one designated in the locality where  the
  property  is  situated,  and  in  at  least  ten  successive issues of a
  newspaper of general circulation  in  such  locality.  If  the  official
  newspaper  is  one  of general circulation in such locality, publication
  therein as specified shall be deemed sufficient compliance. In the event
  that  the  only  newspaper  available  in  such  locality  is  a  weekly
  publication  the  above  described  notice  shall  be  published in such
  newspaper in at least three successive issues. Where the  condemnor  has
  conducted  an article two public hearing or when the condemnor is exempt
  from compliance with article two pursuant to section two hundred six the
  condemnor may dispense  with  the  requirement  of  publication  in  ten
  successive issues of a newspaper of general circulation.
    (b) Where practicable, the condemnor shall cause copies of such notice
  in  the  form  of handbills to be posted for the same period in at least
  three  conspicuous  places,  upon  or  near  such  real  property.   The
  inadvertent  failure  to notify any condemnee, whether of record or not,
  will not invalidate any  proceedings  brought  hereunder  or  any  title
  acquired by the condemnor under this law.
    (3) The condemnor shall present to the court a petition verified by an
  authorized officer of the condemnor setting forth:
    (a)  a statement providing either the compliance with the requirements
  of article two  of  this  law,  including  a  copy  of  the  condemnor's
  determination  and  findings  or  a  statement  providing  the  basis of
  exemption from article two;
    (b)  a  copy of the proposed acquisition map to be filed and the names
  and places of  residence  of  the  condemnees  of  the  property  to  be
  acquired;
    (c)  a  description  of  the  real  property  to  be  acquired and its
  location, either by metes and  bounds  of  each  individual  parcel,  or
  section,  block  and lot number, and by reference to the acquisition map
  and notice of pendency attached to the petition;
    (d) the public use, benefit or  purpose  for  which  the  property  is
  required;
    (e)  a request that the court direct entry of an order authorizing the
  filing of the acquisition map in the office of  the  appropriate  county
  clerk  or  register  and  that upon such filing, title shall vest in the
  condemnor;
    (f) if a  non-governmental  condemnor  subject  to  the  jurisdiction,
  supervision  and  regulation  of  the  public  service commission or the
  commissioner of transportation, it shall include  in  its  petition  for
  acquisition, notice that it shall deposit a bond or undertaking with the
  clerk  of  the  court  prior  to  vesting  of title to the real property
  described in such petition in an amount to be fixed by the court on  the
  return  date  of  the  petition. The court shall direct that the bond or
  undertaking will be applied in the amount necessary, for any default  by
  the condemnor in the payment of all or part of the damages determined in
  the acquisition proceeding or the abandonment thereof.
    The  requirement for a bond or undertaking under this subdivision, may
  be waived by stipulation of the parties.  If  the  amount  deposited  is
  insufficient to pay such damages and all costs and expenses awarded to a
  condemnee,  judgment  shall  be  entered  against  the condemnor for the
  deficiency, to be enforced  and  collected  in  the  same  manner  as  a
  judgment in the supreme court;
    (g)  if  the  property  is  to be used for the construction of a major
  utility transmission facility, as defined in section one hundred  twenty
  of  the  public service law, or major steam electric generating facility
  as defined in section one hundred forty of  such  law  with  respect  to
  which  a  certificate of environmental compatibility and public need has
  been issued under such law, a statement that such  certificate  relating
  to such property has been issued and is in force.
    (4)  Upon  the  presentation  of the petition and notice with proof of
  service thereof, a condemnee may appear and interpose a verified answer,
  which must contain specific denial of each material  allegation  of  the
  petition  controverted  by  him,  or  of  any  knowledge  or information
  thereof, sufficient to form a belief,  or  a  statement  of  new  matter
  constituting a defense to the proceeding.
    (5)  At  the time and place mentioned in such notice, unless the court
  shall adjourn the application to a subsequent date, and in that event at
  the time and place to which the same may be adjourned, upon due proof of
  service of notice and upon filing of such  petition  and  proof  to  its
  satisfaction that the procedural requirements of this law have been met,
  the  court  shall  direct  the  immediate  filing and entry of the order
  granting the petition, which order the condemnor shall  file  and  enter
  together  with  the  acquisition  map  and  the  bond  or undertaking if
  required, in the office of the county clerk or register in  each  county
  in  which  the  real  property or any part thereof is situated. Upon the
  filing of the order and the acquisition  map,  the  acquisition  of  the
  property  in such map shall be complete and title to such property shall
  then be vested in the condemnor.
    (6) When it appears to the satisfaction of the court at any  stage  of
  the  proceedings, that the public interests will be prejudiced by delay,
  it may direct that the condemnor be permitted to enter immediately  upon
  the  real  property to be taken, and devote it temporarily to the public
  use  specified in the petition, upon the deposit with the court of a sum
  to be fixed by the court upon a notice to the parties of not  less  than
  eight  days, and such sum when so fixed and deposited, shall be applied,
  so far as it may be necessary for that purpose, to the  payment  of  any
  award  that may be made with interest thereon from the date of the entry
  of the condemnor upon such real property, and the costs and expenses  of
  the  proceeding, and the residue, if any, returned to the condemnor and,
  in case the petition should be dismissed, or no award should be made, or
  the proceedings should be abandoned by the condemnor,  the  court  shall
  direct that the money so deposited, so far as it may be necessary, shall
  be  applied  to  the  payment  of any damages which a condemnee may have
  sustained by such entry upon and use of his property, and his costs  and
  expenses  of  the  proceedings,  such  damages  to be ascertained by the
  court, and if the sum so deposited shall be  insufficient  to  pay  such
  damages,  and  all  costs  and  expenses  awarded to the property owner,
  judgment shall be entered against the condemnor for the  deficiency,  to
  be  enforced  and  collected in the same manner as a judgment in supreme
  court; and the possession of the property shall be restored.