2006 New York Code - Proceedings To Acquire.

 
    §  216.  Proceedings  to  acquire. 1. When it is desired that any real
  property in a development area be acquired by condemnation, there  shall
  be  presented to the supervising agency by the redevelopment corporation
  a verified petition requesting the issuance of a certificate of approval
  of condemnation of such real property which shall contain,  among  other
  things:
    (a) A metes and bounds description of the real property involved and a
  statement  of  the  estate,  interest,  privileges,  franchise  or right
  therein or appurtenant thereto to be condemned;
    (b) Proof that such real property is within the development area;
    (c) Proof that the redevelopment  corporation  has  acquired  the  fee
  title, or valid and enforceable options or contracts for the acquisition
  of such title to or in real property satisfying the minimum condemnation
  requirement; and
    (d)  Proof  that  certificates  of  approval  of  the development plan
  required by section two hundred three of this article have been issued.
    The supervising  agency  shall  determine  within  a  reasonable  time
  thereafter  the  truth  or  sufficiency  of  the  statements  and  proof
  contained in such petition, and, if such determination shall be  in  the
  affirmative,  the  supervising  agency  shall  issue to the petitioner a
  certificate of approval of condemnation. Such certificate shall  contain
  a  description  of the real property proposed to be condemned, the facts
  so determined with respect  thereto,  and  a  statement  that  the  real
  property  proposed to be condemned is required for a public use and that
  its acquisition for such use is necessary.  A  certified  copy  of  such
  certificate  of approval of condemnation shall be conclusive evidence of
  the facts stated therein in any condemnation proceeding to  acquire  the
  real  property,  or any part thereof, described in such certificate.  No
  condemnation proceeding to acquire real property in a development  area,
  whether  by a redevelopment corporation or by a city for a redevelopment
  corporation, shall be commenced until such a certificate of approval  of
  condemnation shall have been issued.
    2.  Acquisition  proceedings  by  a redevelopment corporation shall be
  instituted pursuant to the provisions of the  eminent  domain  procedure
  law.
    3.  Condemnation  proceedings for a redevelopment corporation shall be
  initiated by a petition to the city to institute proceedings to  acquire
  for  the  redevelopment corporation any real property in the development
  area.  Such  petition  shall  be  granted  or  rejected  by  the   local
  legislative body, or if there is a board of estimate in the city then by
  the  board  of estimate, and the resolution or resolutions granting such
  petition shall contain a requirement that the redevelopment  corporation
  shall  pay  to  the city all sums expended or required to be expended by
  the city in the acquisition of such  real  property,  and  the  time  of
  payment and manner of securing payment thereof, and may require that the
  city  shall receive, before proceeding with the acquisition of such real
  property,  such  assurances  as  to  payment  or  reimbursement  by  the
  redevelopment corporation, or otherwise, as the city may deem advisable.
  Upon the passage of a resolution or resolutions by the local legislative
  body  or  the  board  of  estimate,  as  the  case  may be, granting the
  petition, the redevelopment corporation shall cause  to  be  made  three
  copies  of  surveys  or  maps  of  the  real  property  described in the
  petition, one of which shall be filed in the office of the redevelopment
  corporation, one in the office of the corporation counsel or  chief  law
  officer  of  the  city,  and  one  in  the  office  in which instruments
  affecting real property in the county are recorded. The filing  of  such
  copies  of  surveys  or  maps  shall  constitute  the  acceptance by the
  redevelopment corporation of the terms and conditions contained in  such
  resolution or resolutions. The city shall proceed under any provision of
  any general, special or local law applicable to the condemnation of real
  property  for public improvements. When title to the real property shall
  have  vested  in the city, it shall convey the same to the redevelopment
  corporation upon payment by the redevelopment corporation  of  the  sums
  and  the  giving of the security required by the resolution granting the
  petition.  As  soon  as  title  shall  have  vested  in  the  city,  the
  redevelopment  corporation  may,  upon  the  authorization  of the chief
  executive officer of the city, enter upon the real property taken,  take
  over  and  dispose  of existing improvements, and carry out the terms of
  the development plan with respect thereto.
    4. The following provisions shall apply to  any  proceedings  for  the
  assessment   of   compensation  and  damages  for  real  property  in  a
  development area taken or to be  taken  by  condemnation  by  or  for  a
  redevelopment corporation:
    (a)  At  any stage of the proceeding, the court may require such prior
  notice to be given of an intention to introduce evidence as to the sale,
  option, leasing or tenancy of real property other than the real property
  directly involved in the proceeding and of particulars relating  thereto
  as it may deem necessary to prevent surprise.
    (b) The deposition of any person, whether or not a party, may be taken
  in  the  manner provided by article thirty-one of the civil practice law
  and rules, and the provisions of this section. Such  deposition  may  be
  taken  upon any question or issue in the proceeding, including the facts
  as to any sale, option, lease or tenancy admissible in evidence pursuant
  to subdivision four hereof. The deposition may be taken at the  instance
  of  the  redevelopment corporation, the city, or of any owner, or at the
  direction of the court, at any time during the pendency of the action or
  proceeding. At least five days' notice, or if  service  is  through  the
  mails,  at least eight days' notice, shall be given of the taking of the
  testimony, if on the part of an owner, to the redevelopment  corporation
  or  city,  as the case may be, and to all other owners who have appeared
  in the proceeding; if by the redevelopment corporation or a city, to all
  owners who have appeared in the proceeding.
    (c) For the purposes of this article, the award of compensation  shall
  not  be  increased  by  reason  of any increase in the value of the real
  property  caused  by  the  assembly,  clearance  or  reconstruction,  or
  proposed  assembly, clearance or reconstruction for the purposes of this
  article of the real property in the development area. No allowance shall
  be made for improvements begun on real  property  after  notice  to  the
  owner  of such property of the institution of the proceedings to condemn
  such property.
    (d) Evidence shall be admissible bearing upon the  insanitary,  unsafe
  or substandard condition of the premises, or the illegal use thereof, or
  the  enhancement of rentals from such illegal use, and such evidence may
  be considered in fixing the compensation  to  be  paid,  notwithstanding
  that  no steps to remedy or abate such conditions have been taken by the
  department or officers having jurisdiction. If a violation order  is  on
  file  against  the  premises in any such department, it shall constitute
  prima facie evidence of the existence of the condition specified in such
  order.
    (e) If any of the real property in the development area which is to be
  acquired by condemnation has, prior to such acquisition, been devoted to
  another public use, it may nevertheless be  acquired  provided  that  no
  real  property  belonging to the city or to any other governmental body,
  or agency or instrumentality thereof, corporate  or  otherwise,  may  be
  acquired  without  its  consent.  No real property belonging to a public
  utility  corporation  may  be  acquired  without  the  approval  of  the
  commission  or  other  officer  or tribunal having regulatory power over
  such corporation.
    (f)  Upon the trial, evidence of the price and other terms upon a sale
  or assignment or of a contract for the sale or assignment of a mortgage,
  award, proposed award, transfer of a tax lien  or  lien  of  a  judgment
  relating  to  property taken, shall be relevant, material and competent,
  upon the issue of value or damage and  shall  be  admissible  on  direct
  examination.
    (g)  Upon  the  trial  a  statement,  affidavit,  deposition,  report,
  transcript of testimony in an action or proceeding, or appraisal made or
  given by any owner or prior owner of  the  premises  taken,  or  by  any
  person  on  his behalf, to any court, governmental bureau, department or
  agency respecting the value of the real property for tax purposes, shall
  be relevant, material and competent upon the issue of  value  of  damage
  and shall be admissible on direct examination.
    (h)  The  term  "owner,"  as used in this section two hundred sixteen,
  shall include a person having an estate, interest  or  easement  in  the
  real property to be acquired or a lien, charge or encumbrance thereon.