2013 New York Consolidated Laws
MIL - Military
Article 9 - (175 - 189) ARMORIES
177 - Acquisition of real property for armories and other military facilities of the state.

 
    §  177.   Acquisition of real property for armories and other military
  facilities of the state.  1.  The adjutant general, provided that  funds
  have  been appropriated or provided by the state or by the United States
  or by both for such purposes, is authorized to acquire  by  purchase  or
  gifts  or,  pursuant  to  the provisions of the eminent domain procedure
  law, any real property which he may deem necessary for the  purposes  of
  armories,  camps,  ranges,  bases,  or  facilities  for  the  use of the
  organized militia, the title to all such property to  be  taken  in  the
  name  of  and  be  vested in the people of the state; provided, however,
  that no such property shall be acquired by purchase or gift  unless  the
  title thereto shall be approved by the attorney general.
    2.    Whenever  real  property  is  to  be  acquired  pursuant  to the
  provisions of the eminent domain procedure  law,  the  adjutant  general
  shall  cause  to  be  made  by the state department of transportation an
  accurate acquisition map  prepared  from  an  accurate  survey,  of  the
  property  to  be  so  acquired  or  in or to which any easement is to be
  acquired and, in the case of  an  easement,  specifying  the  particular
  nature  and  the  duration thereof.   The adjutant general and the state
  commissioner of transportation  and  their  respective  duly  authorized
  agents  and  employees  may  enter  upon  such  real  property  or, when
  necessary, upon any adjacent real property for  the  purpose  of  making
  such survey.
    3.  On  the approval of such map by the adjutant general, the original
  tracing of such map shall be filed in the main office of the division of
  military and naval affairs, pursuant to the provisions  of  the  eminent
  domain procedure law.
    4.  If  the  adjutant  general 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 office
  of  the  division  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  adjutant
  general,  it  shall  be filed in the main office of the division and the
  amended map shall  thereupon  in  all  respects  and  for  all  purposes
  supersede the map previously filed.
    5.  If  the  adjutant general 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 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 adjutant general 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 adjutant general the names  of  the
  owners  of  the property, easements, interest 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 adjutant general 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

  adjutant general 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  adjutant  general,
  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; and in any case
  judgement 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  adjutant  general  shall
  deliver  to the comptroller such agreement and a certificate stating the
  amount  due  such  owner  or  owners  thereunder  on  account  of   such
  acquisition  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 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 adjutant general upon forms prescribed by him  and  shall
  be  accompanied by such information and evidence as the adjutant general
  may require.  Upon approval of such application,  the  adjutant  general
  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 monies appropriated for the  acquisition  of  property  under  this
  section.
    10.  The  adjutant  general,  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  adjutant
  general;  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
  adjutant  general 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 adjutant general 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  adjutant  general  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 adjutant general upon forms prescribed by him  and  shall
  be  accompanied by such information and evidence as the adjutant general
  may require.  Upon approval of such application,  the  adjutant  general
  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  adjutant  general  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
  adjutant general, 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 adjutant general 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
  adjutant general.  Application for payment under this subdivision  shall
  be  made  to the adjutant general upon forms prescribed by him and shall
  be accompanied by such information and evidence as the adjutant  general
  may  require.    Upon approval of such application, the adjutant general
  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  adjutant  general  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 adjutant  general
  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 adjutant general 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
  adjutant   general   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.