§ 25 — Powers in event of attack

New York § 25

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 3: Civil Defense

Text

§ 25. Powers in event of attack. 1. Notwithstanding any other law, in\nthe event of attack within the state or a state with which this state\nhas a mutual aid compact for civil defense, to the extent it deems it\nnecessary or proper, the commission may: (a) assume direct operational\ncontrol of any or all civil defense forces; (b) order, direct, require\nand use the personnel, materials, facilities and services of any agency,\npublic officer, or political subdivision of the state, or any part\nthereof, at any place within the state where in the opinion of the\ncommission they are needed to effect the purposes of this article; (c)\nwith the approval of the governor, order, direct, require and use such\npersonnel, materials, facilities and services without the state to\nimplement any mutual aid arrangement, agreement or compact; (d) take,\nuse or destroy any and all real or personal property, or any interest\ntherein, necessary or proper for the purposes of civil defense; (e)\nexecute any or all of the civil defense powers and duties of any county\nor city after notifying the chief executive officer of such county or\ncity if such notification is possible.\n 2. Notwithstanding any other law, subject to the plans, regulations\nand orders of the council and commission: (a) in the event of or in\nanticipation of attack within such county or city or so near thereto\nthat it jeopardizes the safety or health of the people thereof or within\na county or city with which it has agreements or arrangements for mutual\naid, a county or city may provide for and compel the evacuation of any\nperson if such person has no home or if the continued use of his home\njeopardizes his own safety or that of others; (b) in the event of such\nattack such county or city shall control all pedestrian and vehicular\ntraffic, transportation and communication facilities and public\nutilities; provide medical treatment, food, clothing, shelter and care\nfor the injured and needy; provide for public safety and the protection\nand conservation of property; provide for the identification and\ndisposition of the dead; and provide for the restoration of essential\nservices and facilities; (c) in the event of such attack and to the\nextent necessary to perform such functions, and as authorized by the\ncouncil or commission, it may take, use or destroy real or personal\nproperty and impress persons into service for the performance of such\nwork.\n 3. The taking of private property pursuant to this section by or at\nthe express order of the commission, whether for temporary or permanent\nuse or for destruction, shall be in the name of and payment shall be\nmade by the state. An appropriate record, in the form prescribed by the\ncommission, shall be kept and a copy thereof furnished, whenever\npossible, to the owner from whom the property is taken. Each such owner\nshall be entitled to just compensation for the taking and may file a\nclaim, to be designated as an "emergency claim," pursuant to the court\nof claims act, against the state for such compensation. To the extent\nnecessary to expedite the hearing, determination and payment of such\nclaims, the governor shall appoint, as emergency claims referees, one or\nmore qualified attorneys admitted to practice before the courts of this\nstate. Such referees shall be paid out of funds appropriated for such\npurpose at a rate to be fixed by the governor within the amount of the\nappropriation or allocation therefor.\n When an emergency claim has been filed with the court of claims, the\npresiding judge forthwith may refer it to an emergency claims referee.\nThe referee forthwith and on notice to the claimant and to the\nattorney-general shall set a date and place for the hearing and\ndetermination of the claim. The referee shall have all the powers now\nvested in the court of claims, or in a judge thereof, in the hearing and\ndetermination of the claim. His determination shall be in writing and\nshall be made within thirty days after the hearing shall have been\nclosed. It shall be filed forthwith in the office of the clerk of the\ncourt of claims and shall be entered in the official records as a\njudgment or order of that court. Any claimant or the state shall have\nthe right to appeal, as now provided by law, from such determination and\njudgment. The provisions of the court of claims act, with respect to\nreal property taken by appropriation, shall apply to the taking of real\nproperty pursuant to this section so far as practicable.\n The procedure herein provided shall not be deemed exclusive and no\nclaim shall be required to be filed, heard and determined as an\n"emergency claim" if the claimant elects to proceed as otherwise\nprovided by the court of claims act.\n Such court or referee may defer action on any emergency claim pursuant\nto this section pending consideration by the federal civil defense\nadministrator or any agency of the federal government of a claim based\non the same taking. The award by such court or referee shall take into\nconsideration any moneys that may be made available by the federal\ngovernment with respect to such taking.\n 4. Except as provided in subdivision three of this section, the taking\nof private property by a county or city pursuant to this section shall\nbe in the name of such county or city. An appropriate record, in the\nform prescribed by the commission, shall be kept and a copy thereof\nfurnished, whenever possible, to the owner from whom the property is\ntaken. Such county or city shall make just compensation to the owner\nthereof in the manner provided by law for the determination of\ncompensation to be paid for the taking of real property by such county\nor city.\n