2013 New York Consolidated Laws
EXC - Executive
Article 11 - (210 - 230) DIVISION OF STATE POLICE
213 - Acquisition of real property.

 
    §  213. Acquisition of real property. 1. The superintendent shall from
  time to time establish headquarters or substations in such localities as
  he shall deem most suitable for the efficient performance of police duty
  in the rural sections of the state, and for that purpose and  for  other
  purposes of the division he may, when an appropriation therefor has been
  made by the legislature, acquire, in the name of the people of the state
  of  New York, by lease, purchase, lease-purchase subject to the approval
  of such lease-purchase agreement by  the  director  of  the  budget  or,
  pursuant to the provisions of the eminant domain procedure law, any real
  property  which  he may deem necessary therefor; provided, however, that
  no such real property shall be so acquired by purchase or lease-purchase
  unless the title thereto shall be approved by the attorney general.
    2. Whenever real property is to be acquired pursuant  to  the  eminent
  domain  procedure  law, the superintendent shall cause to be made by the
  state department of transportation an accurate acquisition map.
    3. On the approval of such map by the superintendent of  the  division
  of  state police, the original tracing of such map shall be filed in the
  main office of the division of state police pursuant to  the  provisions
  of the eminent domain procedure law.
    4.  If the superintendent shall determine, prior to the filing of such
  map in the office of the clerk or register of the county, that  changes,
  alterations  or modifications of such map as filed in the main office of
  the division of state police should be made, he or she shall, subject to
  the provisions of article two of the eminent domain  procedure  law,  if
  applicable,  direct  the preparation by the department of transportation
  of an  amended  map.  On  the  approval  of  such  amended  map  by  the
  superintendent,  it shall be filed in the main office of the division of
  state police and the amended map shall thereupon in all respects and for
  all purposes supersede the map previously filed.
    5. If the superintendent shall determine, prior to  the  filing  of  a
  copy  of  such  acquisition  map  in  the  office of the county clerk or
  register as provided in section four hundred two of the  eminent  domain
  procedure  law,  that such map should be withdrawn, he or she may file a
  certificate of withdrawal in the offices of the division of state police
  and of the department of law. Upon the filing  of  such  certificate  of
  withdrawal, the map to which it refers shall be cancelled and all rights
  thereunder shall cease and determine.
    6.  The superintendent shall deliver to the attorney general a copy of
  such acquisition map, whereupon it shall be the  duty  of  the  attorney
  general  to  advise  and  certify to the superintendent the names of the
  owners of the property, easements, interests or rights described in  the
  said  acquisition  map,  including  the  owners  of  any right, title or
  interest therein pursuant to the requirements of  section  four  hundred
  three of the eminent domain procedure law.
    7. If, at or after the vesting of title to such property in the people
  of the state of New York as provided for in the eminent domain procedure
  law,  the superintendent shall deem it necessary to cause the removal of
  an owner or occupant from any real property so acquired,  he  may  cause
  such  owner  or  occupant  to  be  removed  therefrom  by  proceeding in
  accordance  with  section  four  hundred  five  of  the  eminent  domain
  procedure  law.  The  proceeding  shall  be  brought  in the name of the
  superintendent as agent of the state  and  the  attorney  general  shall
  represent  the  petitioner  in the proceedings. No execution shall issue
  for costs, if any, awarded against the state or the superintendent,  but
  they  shall be part of the costs of the acquisition of the real property
  and be paid in like manner.    Proceedings  may  be  brought  separately
  against  one or more of the owners or occupants of any such property, or
  one proceeding may be brought against all or several of  the  owners  or

  occupants   of   any   or  all  such  property  within  the  territorial
  jurisdiction of the same court, justice  or  judge;  precepts  or  final
  orders  shall  be  made  for  immediate removal of persons defaulting in
  appearance  or  in  answering,  or  withdrawing  their  answers, if any,
  without awaiting the trial or decision of issues raised by  contestants,
  if any.
    8.  Upon  making  any  agreement provided for in section three hundred
  four of the eminent  domain  procedure  law,  the  superintendent  shall
  deliver  to the comptroller such agreement and a certificate stating the
  amount  due  such  owner  or  owners  thereunder  on  account  of   such
  appropriation of his or their property and the amounts so fixed shall be
  paid  out  of  the  state  treasury  after audit by the comptroller from
  moneys appropriated for the acquisition of such real property,  but  not
  until  there shall have been filed with the comptroller a certificate of
  the attorney general showing the person or persons claiming  the  amount
  so agreed upon to be legally entitled thereto.
    9. Application for reimbursement of incidental expenses as provided in
  section  seven  hundred two of the eminent domain procedure law shall be
  made to the superintendent upon forms prescribed by  him  and  shall  be
  accompanied  by  such information and evidence as the superintendent may
  require. Upon approval of such  application,  the  superintendent  shall
  deliver  a  copy  thereof to the comptroller together with a certificate
  stating the amount due thereof, and the amount so fixed  shall  be  paid
  out  of  the  state  treasury after audit by the comptroller from moneys
  appropriated for the acquisition of property under this section.
    10. The commissioner, with the approval of the director of the budget,
  shall establish and may from time to time amend  rules  and  regulations
  authorizing  the  payment  of  actual  reasonable  and  necessary moving
  expenses of occupants of property acquired pursuant to this section;  of
  actual direct losses of tangible personal property as a result of moving
  or  discontinuing  a  business  or  farm operation, but not exceeding an
  amount equal to the reasonable expenses that would have been required to
  relocate such property, as determined by the  commissioner;  and  actual
  reasonable  expenses in searching for a replacement business or farm; or
  in hardship cases for the advance payment of such expenses  and  losses.
  For  the purposes of making payment of such expenses and losses only the
  term "business"  means  any  lawful  activity  conducted  primarily  for
  assisting  in  the  purchase,  sale,  resale, manufacture, processing or
  marketing of products, commodities, personal property or services by the
  erection and maintenance of an outdoor advertising display or  displays,
  whether  or  not such display or displays are located on the premises on
  which any of the  above  activities  are  conducted.    Such  rules  and
  regulations  may  further  define the terms used in this subdivision. In
  lieu of such actual reasonable and necessary moving expenses,  any  such
  displaced  owner or tenant of residential property may elect to accept a
  moving expense allowance, plus a dislocation  allowance,  determined  in
  accordance  with a schedule prepared by the commissioner and made a part
  of such rules and regulations. In lieu of  such  actual  reasonable  and
  necessary  moving  expenses,  any  such  displaced  owner  or  tenant of
  commercial property who relocates or discontinues his business  or  farm
  operation  may  elect  to accept a fixed relocation payment in an amount
  equal to the average  annual  net  earnings  of  the  business  or  farm
  operation,  except that such payment shall be not less than two thousand
  five hundred dollars nor more than ten thousand dollars.  In the case of
  a business, no such fixed relocation payment shall be  made  unless  the
  commissioner  finds and determines that the business cannot be relocated
  without a substantial loss of  its  existing  patronage,  and  that  the
  business  is  not  part  of  a commercial enterprise having at least one

  other establishment, which is not being acquired by  the  state  or  the
  United  States, which is engaged in the same or similar business. In the
  case of a business which  is  to  be  discontinued  but  for  which  the
  findings  and  determinations  set  forth  above  cannot  be  made,  the
  commissioner may prepare an estimate of what the actual  reasonable  and
  necessary moving expenses, exclusive of any storage charges, would be if
  the  business  were  to be relocated and enter into an agreed settlement
  with the owner of such  business  for  an  amount  not  to  exceed  such
  estimate  in  lieu  of  such  actual  reasonable  and  necessary  moving
  expenses. Application for payment under this subdivision shall  be  made
  to   the  commissioner  upon  forms  prescribed  by  him  and  shall  be
  accompanied by such information and evidence  as  the  commissioner  may
  require.  Upon  approval  of  such  application,  the commissioner shall
  deliver a copy thereof to the comptroller together  with  a  certificate
  stating the amount due thereunder, and the amount so fixed shall be paid
  out  of  the  state  treasury after audit by the comptroller from moneys
  appropriated for the acquisition of property under this section. As used
  in  this  subdivision  the  term  "commercial  property"  shall  include
  property  owned  by  an  individual,  family,  partnership, corporation,
  association or a nonprofit organization and includes a  farm  operation.
  As  used  in  this  subdivision  the  term  "business"  means any lawful
  activity, except a farm operation, conducted primarily for the purchase,
  sale, lease and rental of  personal  and  real  property,  and  for  the
  manufacture,  processing,  or marketing of products, commodities, or any
  other personal property; for the sale of services to the public; or by a
  nonprofit organization.
    11.  Authorization  is  hereby  given  to  the  commissioner  to  make
  supplemental  relocation  payments,  separately  computed and stated, to
  displaced owners and tenants of residential property  acquired  pursuant
  to  this  section  who  are  entitled thereto, as determined by him. The
  commissioner, with the approval of  the  director  of  the  budget,  may
  establish  and  from  time to time amend rules and regulations providing
  for such supplemental relocation payments. Such  rules  and  regulations
  may  further  define the terms used in this subdivision.  In the case of
  property acquired pursuant to  this  section  which  is  improved  by  a
  dwelling actually owned and occupied by the displaced owner for not less
  than  one  hundred  eighty  days  immediately  prior  to  initiation  of
  negotiations for the acquisition of such property, such payment to  such
  owner  shall  not exceed fifteen thousand dollars. Such payment shall be
  the amount, if any, which, when added to the acquisition payment  equals
  the  average price, established by the commissioner on a class, group or
  individual basis, required to obtain a comparable  replacement  dwelling
  that  is  decent,  safe and sanitary to accommodate the displaced owner,
  reasonably accessible to public services and places  of  employment  and
  available  on  the  private  market,  but in no event shall such payment
  exceed  the  difference  between  acquisition  payment  and  the  actual
  purchase  price  of the replacement dwelling. Such payment shall include
  an amount which will compensate such displaced owner for  any  increased
  interest  costs  which  such person is required to pay for financing the
  acquisition of any such comparable  replacement  dwelling.  Such  amount
  shall be paid only if the dwelling acquired pursuant to this section was
  encumbered  by  a  bona  fide  mortgage  which  was a valid lien on such
  dwelling for not  less  than  one  hundred  eighty  days  prior  to  the
  initiation  of  negotiations  for the acquisition of such dwelling. Such
  amount shall be equal to the excess in the aggregate interest and  other
  debt  service  costs  of that amount of the principal of the mortgage on
  the replacement dwelling which is equal to the  unpaid  balance  of  the
  mortgage  on  the  acquired  dwelling,  over  the  remainder term of the

  mortgage on the acquired dwelling, reduced to discounted present  value.
  The  discount rate shall be the prevailing interest rate paid on savings
  deposits  by  commercial  banks  in  the  general  area  in  which   the
  replacement dwelling is located. Any such mortgage interest differential
  payment shall, notwithstanding the provisions of section twenty-six-b of
  the  general construction law, be in lieu of and in full satisfaction of
  the requirements of such section. Such payment shall include  reasonable
  expenses  incurred  by  such  displaced  owner  for  evidence  of title,
  recording fees and other closing costs incident to the purchase  of  the
  replacement  dwelling,  but not including prepaid expenses. Such payment
  shall be made only to a displaced owner who  purchases  and  occupies  a
  replacement  dwelling which is decent, safe and sanitary within one year
  subsequent to the date on which he is required to move from the dwelling
  acquired pursuant to this section or the date on which he receives  from
  the state final payment of all costs of the acquired dwelling, whichever
  occurs  later,  except  advance  payment  of  such amount may be made in
  hardship cases. In the  case  of  property  acquired  pursuant  to  this
  section  from  which  an individual or family, not otherwise eligible to
  receive a payment pursuant to the above provisions of this  subdivision,
  is  displaced  from  any  dwelling  thereon  which has been actually and
  lawfully occupied by such individual or family for not less than  ninety
  days  immediately  prior  to  the  initiation  of  negotiations  for the
  acquisition of such property, such payment to such individual or  family
  shall not exceed four thousand dollars. Such payment shall be the amount
  which  is necessary to enable such individual or family to lease or rent
  for a period not to exceed four years,  a  decent,  safe,  and  sanitary
  dwelling  of standards adequate to accommodate such individual or family
  in areas not generally less desirable in regard to public utilities  and
  public  and commercial facilities and reasonably accessible to his place
  of employment, but shall not exceed four thousand dollars,  or  to  make
  the  down  payment,  including  reasonable  expenses  incurred  by  such
  individual or family for evidence of title, recording  fees,  and  other
  closing  costs incident to the purchase of the replacement dwelling, but
  not including prepaid expenses, on the purchase of a  decent,  safe  and
  sanitary  dwelling  of standards adequate to accommodate such individual
  or family in areas not generally less  desirable  in  regard  to  public
  utilities  and  public  and  commercial facilities, but shall not exceed
  four thousand dollars,  except  if  such  amount  exceeds  two  thousand
  dollars, such person must equally match any such amount in excess of two
  thousand  dollars, in making the down payment. Such payments may be made
  in installments as  determined  by  the  commissioner.  Application  for
  payment  under  this  subdivision shall be made to the commissioner upon
  forms prescribed by him and shall be accompanied by such information and
  evidence  as  the  commissioner  may  require.  Upon  approval  of  such
  application,  the  commissioner  shall  deliver  a  copy  thereof to the
  comptroller,  together  with  a  certificate  stating  the  amount   due
  thereunder,  and  the  amount  so  fixed  shall be paid out of the state
  treasury after audit by the comptroller from moneys appropriated for the
  acquisition of property under this section.
    12. The owner of any real property so  acquired  may  present  to  the
  court  of  claims, pursuant to section five hundred three of the eminent
  domain procedure law a claim for the value of such property acquired and
  for legal damages caused by such acquisition, as provided by law for the
  filing of claims with the court of claims. Awards and judgments  of  the
  court of claims shall be paid in the same manner as awards and judgments
  of  that  court for the acquisition of lands generally and shall be paid
  out of the state treasury after audit by  the  comptroller  from  moneys
  appropriated for the acquisition of such real property.

    13.   If   the   superintendent  shall  determine  subsequent  to  the
  acquisition of a temporary  easement  in  any  real  property  that  the
  purposes   for   which  such  easement  right  was  acquired  have  been
  accomplished and that  the  exercise  of  such  easement  is  no  longer
  necessary,  he  shall  make  his  certificate  that the exercise of such
  easement is  no  longer  necessary  and  that  such  easement  right  is
  therefore  terminated,  released  and  extinguished.  The superintendent
  shall cause such certificate to be filed in the office of the department
  of state and upon such filing all rights acquired by the state  in  such
  property  shall  cease  and  determine. The superintendent shall cause a
  certified copy of such certificate as so filed  in  the  office  of  the
  department  of state to be mailed to the owner of the property affected,
  as certified by the attorney general, if the place of residence of  such
  owner  is  known  or  can be ascertained by a reasonable effort and such
  superintendent shall cause a further certified copy of such  certificate
  to  be  filed  in  the office of the recording officer of each county in
  which the property affected or any part  thereof  is  situated.  On  the
  filing  of  such  certified copy of such certificate with such recording
  officer, it shall be his duty to record the same in his  office  in  the
  books used for recording deeds and to index the same against the name of
  the people of the state of New York as grantor.