§ 21 — Acquisition of real property by purchase and acquisition

New York § 21

• Jurisdiction: New York
• Law COR: Correction
• Art. 2: Department of Corrections and Community Supervision

Text

§ 21. Acquisition of real property by purchase and acquisition. 1. The\ncommissioner, when an appropriation therefor has been made by the\nlegislature, may acquire any real property which he may deem necessary\nfor the purposes of the department by purchase or pursuant to the\neminent domain procedure law. Title to any such real property shall be\ntaken in the name of and be vested in the people of the state of New\nYork; provided, however, that no real property shall be so acquired by\npurchase unless the title thereto shall be approved by the attorney\ngeneral.\n 2. Whenever title to real property is to be acquired pursuant to the\neminent domain procedure law the commissioner shall cause to be made by\nthe state department of transportation an accurate acquisition map as so\nprovided in said law.\n 3. On the approval of such map by the commissioner, the original\ntracing of such map shall, pursuant to the eminent domain procedure law,\nbe filed in the main office of the department.\n 4. If the commissioner shall determine, prior to the filing of such\nmap in the office of the clerk or register of the county, that changes,\nalterations or modifications of such map as filed in the main office of\nthe department should be made, he or she shall, subject to the\nprovisions of article two of the eminent domain procedure law, if\napplicable, direct the preparation by the department of transportation\nof an amended map. On the approval of such amended map by the\ncommissioner, it shall be filed in the main office of the department and\nthe amended map shall thereupon in all respects and for all purposes\nsupersede the map previously filed.\n 5. If the commissioner shall determine, prior to the filing of a copy\nof such acquisition map in the office of the county clerk or register as\nprovided in section four hundred two of the eminent domain procedure\nlaw, that such map should be withdrawn, he or she may file a certificate\nof withdrawal in the offices of the department and of the department of\nlaw. Upon the filing of such certificate of withdrawal, the map to which\nit refers shall be cancelled and all rights thereunder shall cease and\ndetermine.\n 6. The commissioner shall deliver to the attorney general a copy of\nsuch acquisition map, whereupon it shall be the duty of the attorney\ngeneral to advise and certify to the commissioner the names of the\nowners of the property, easements, interests or rights described in the\nsaid acquisition map, including the owners of any right, title or\ninterest therein, pursuant to the requirements of section four hundred\nthree of the eminent domain procedure law.\n 7. If, at or after the vesting of title to such property in the people\nof the state of New York, as provided for in the eminent domain\nprocedure law, the commissioner shall deem it necessary to cause the\nremoval of an owner or occupant from any real property so acquired, he\nmay cause such owner or occupant to be removed therefrom by proceeding\nin accordance with section four hundred five of the eminent domain\nprocedure law. The proceeding shall be brought in the name of the\ncommissioner as agent of the state and the attorney general shall\nrepresent the petitioner in the proceedings. No execution shall issue\nfor costs, if any, awarded against the state or the commissioner, but\nthey shall be part of the costs of the acquisition of the real property\nand be paid in like manner. Proceedings may be brought separately\nagainst one or more of the owners or occupants of any such property, or\none proceeding may be brought against all or several of the owners or\noccupants of any or all such property within the territorial\njurisdiction of the same court, justice or judge; judgment shall be\ngiven for immediate removal of persons defaulting in appearance or in\nanswering, or withdrawing their answers, if any, without awaiting the\ntrial or decision of issues raised by contestants, if any.\n 8. Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law, the commissioner shall deliver\nto the comptroller such agreement and a certificate stating the amount\ndue such owner or owners thereunder on account of such appropriation of\nhis or their property and the amounts so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of such real property, but not until there shall\nhave been filed with the comptroller a certificate of the attorney\ngeneral showing the person or persons claiming the amount so agreed upon\nto be legally entitled thereto.\n 9. Application for reimbursement of incidental expenses as provided in\nsection seven hundred two of the eminent domain procedure law shall be\nmade to the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire. Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereof, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the obtaining of title to property under this section.\n 10. The commissioner, with the approval of the director of the budget,\nshall establish and may from time to time amend rules and regulations\nauthorizing the payment of actual reasonable and necessary moving\nexpenses of occupants of property acquired pursuant to this section; of\nactual direct losses of tangible personal property as a result of moving\nor discontinuing a business or farm operation, but not exceeding an\namount equal to the reasonable expenses that would have been required to\nrelocate such property, as determined by the commissioner; and actual\nreasonable expenses in searching for a replacement business or farm; or\nin hardship cases for the advance payment of such expenses and losses.\nFor the purposes of making payment of such expenses and losses only the\nterm "business" means any lawful activity conducted primarily for\nassisting in the purchase, sale, resale, manufacture, processing or\nmarketing of products, commodities, personal property or services by the\nerection and maintenance of an outdoor advertising display or displays,\nwhether or not such display or displays are located on the premises on\nwhich any of the above activities are conducted. Such rules and\nregulations may further define the terms used in this subdivision. In\nlieu of such actual reasonable and necessary moving expenses, any such\ndisplaced owner or tenant of residential property may elect to accept a\nmoving expense allowance, plus a dislocation allowance, determined in\naccordance with a schedule prepared by the commissioner and made a part\nof such rules and regulations. In lieu of such actual, reasonable and\nnecessary moving expenses, any such displaced owner or tenant of\ncommercial property who relocates or discontinues his business or farm\noperation may elect to accept a fixed relocation payment in an amount\nequal to the average annual net earnings of the business or farm\noperation, except that such payment shall be not less than two thousand\nfive hundred dollars nor more than ten thousand dollars. In the case of\na business, no such fixed relocation payment shall be made unless the\ncommissioner finds and determines that the business cannot be relocated\nwithout a substantial loss of its existing patronage, and that the\nbusiness is not part of a commercial enterprise having at least one\nother establishment, which is not being acquired by the state or the\nUnited States, which is engaged in the same or similar business. In the\ncase of a business which is to be discontinued but for which the\nfindings and determinations set forth above cannot be made, the\ncommissioner may prepare an estimate of what the actual reasonable and\nnecessary moving expenses, exclusive of any storage charges, would be if\nthe business were to be relocated and enter into an agreed settlement\nwith the owner of such business for an amount not to exceed such\nestimate in lieu of such actual reasonable and necessary moving\nexpenses. Application for payment under this subdivision shall be made\nto the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire. Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereunder, and the comptroller from moneys\nappropriated for the acquisition of property under this section. As used\nin this subdivision the term "commercial property" shall include\nproperty owned by an individual, family, partnership, corporation,\nassociation or a nonprofit organization and includes a farm operation.\nAs used in this subdivision the term "business" means any lawful\nactivity, except a farm operation, conducted primarily for the purchase,\nsale, lease and rental of personal and real property, and for the\nmanufacture, processing, or marketing of products, commodities, or any\nother personal property; for the sale of services to the public; or by a\nnon-profit organization.\n 11. Authorization is hereby given to the commissioner to make\nsupplemental relocation payments, separately computed and stated, to\ndisplaced owners and tenants of residential property acquired pursuant\nto this section who are entitled thereto, as determined by him. The\ncommissioner, with the approval of the director of the budget, may\nestablish and from time to time amend rules and regulations providing\nfor such supplemental relocation payments. Such rules and regulations\nmay further define the terms used in this subdivision. In the case of\nproperty acquired pursuant to this section which is improved by a\ndwelling actually owned and occupied by the displaced owner for not less\nthan one hundred eighty days immediately prior to initiation of\nnegotiations for the acquisition of such property, such payment to such\nowner shall not exceed fifteen thousand dollars. Such payment shall be\nthe amount, if any, which, when added to the acquisition payment equals\nthe average price, established by the commissioner on a class, group or\nindividual basis, required to obtain a comparable replacement dwelling\nthat is decent, safe and sanitary to accommodate the displaced owner,\nreasonably accessible to public services and places of employment and\navailable on the private market, but in no event shall such payment\nexceed the difference between acquisition payment and the actual\npurchase price of the replacement dwelling. Such payment shall include\nan amount which will compensate such displaced owner for any increased\ninterest costs which such person is required to pay for financing the\nacquisition of any such comparable replacement dwelling. Such amount\nshall be paid only if the dwelling acquired pursuant to this section was\nencumbered by a bona fide mortgage which was a valid lien on such\ndwelling for not less than one hundred eighty days prior to the\ninitiation of negotiations for the acquisition of such dwelling. Such\namount shall be equal to the excess in the aggregate interest and other\ndebt service costs of that amount of the principal of the mortgage on\nthe replacement dwelling which is equal to the unpaid balance of the\nmortgage on the acquired dwelling, over the remainder term of the\nmortgage on the acquired dwelling, reduced to discounted present value.\nThe discount rate shall be the prevailing interest rate paid on savings\ndeposits by commercial banks in the general area in which the\nreplacement dwelling is located. Any such mortgage interest differential\npayment shall, notwithstanding the provisions of section twenty-six-b of\nthe general construction law, be in lieu of and in full satisfaction of\nthe requirements of such section. Such payment shall include reasonable\nexpenses incurred by such displaced owner for evidence of title,\nrecording fees and other closing costs incident to the purchase of the\nreplacement dwelling, but not including prepaid expenses. Such payment\nshall be made only to a displaced owner who purchases and occupies a\nreplacement dwelling which is decent, safe and sanitary within one year\nsubsequent to the date on which he is required to move from the dwelling\nacquired pursuant to this section or the date on which he receives from\nthe state final payment of all costs of the acquired dwelling, whichever\noccurs later, except advance payment of such amount may be made in\nhardship cases. In the case of property acquired pursuant to this\nsection from which an individual or family, not otherwise eligible to\nreceive a payment pursuant to the above provisions of this subdivision,\nis displaced from any dwelling thereon which has been actually and\nlawfully occupied by such individual or family for not less than ninety\ndays immediately prior to the initiation of negotiations for the\nacquisition of such property, such payment to such individual or family\nshall not exceed four thousand dollars. Such payment shall be the amount\nwhich is necessary to enable such individual or family to lease or rent\nfor a period not to exceed four years, a decent, safe, and sanitary\ndwelling of standards adequate to accommodate such individual or family\nin areas not generally less desirable in regard to public utilities and\npublic and commercial facilities and reasonably accessible to his place\nof employment, but shall not exceed four thousand dollars, or to make\nthe down payment, including reasonable expenses incurred by such\nindividual or family for evidence of title, recording fees, and other\nclosing costs incident to the purchase of the replacement dwelling, but\nnot including prepaid expenses, on the purchase of, a decent, safe and\nsanitary dwelling of standards adequate to accommodate such individual\nor family in areas not generally less desirable in regard to public\nutilities and public and commercial facilities, but shall not exceed\nfour thousand dollars, except if such amount exceeds two thousand\ndollars, such person must equally match any such amount in excess of two\nthousand dollars, in making the down payment. Such payments may be made\nin installments as determined by the commissioner. Application for\npayment under this subdivision shall be made to the commissioner upon\nforms prescribed by him and shall be accompanied by such information and\nevidence as the commissioner may require. Upon approval of such\napplication, the commissioner shall deliver a copy thereof to the\ncomptroller, together with a certificate stating the amount due\nthereunder, and the amount so fixed shall be paid out of the state\ntreasury after audit by the comptroller from moneys appropriated for the\nacquisition of property under this section.\n 12. The owner of any real property so acquired may present to the\ncourt of claims pursuant to section five hundred three of the eminent\ndomain procedure law a claim for the value of such property acquired and\nfor legal damages caused by such appropriation, as provided by law for\nthe filing of claims with the court of claims. Awards and judgments of\nthe court of claims shall be paid in the same manner as awards and\njudgments of that court for the acquisition of lands generally and shall\nbe paid out of the state treasury after audit by the comptroller from\nmoneys appropriated for the acquisition of such real property.\n 13. If the commissioner shall determine subsequent to the acquisition\nof a temporary easement in any real property that the purposes for which\nsuch easement right was acquired have been accomplished and that the\nexercise of such easement is no longer necessary, he shall make his\ncertificate that the exercise of such easement is no longer necessary\nand that such easement right is therefore terminated, released and\nextinguished. The commissioner shall cause such certificate to be filed\nin the office of the department of state and upon such filing all rights\nacquired by the state in such property shall cease and determine. The\ncommissioner shall cause a certified copy of such certificate as so\nfiled in the office of the department of state to be mailed to the owner\nof the property affected, as certified by the attorney general, if the\nplace of residence of such owner is known or can be ascertained by a\nreasonable effort and such commissioner shall cause a further certified\ncopy of such certificate to be filed in the office of the recording\nofficer of each county in which the property affected or any part\nthereof is situated. On the filing of such certified copy of such\ncertificate with such recording officer, it shall be his duty to record\nthe same in his office in the books used for recording deeds and to\nindex the same against the name of the people of the state of New York\nas grantor.\n