§ 307 — Acquisition of real property

New York § 307

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 7: Commissioner of Education

Text

§ 307. Acquisition of real property. 1. The commissioner of\neducation, when an appropriation therefor has been made by the\nlegislature, may acquire any real property which he may deem necessary\nfor the purposes of a state educational institution by purchase or\npursuant to the provisions of the eminent domain procedure law the title\nto which shall be taken in the name of and be vested in the people of\nthe state of New York; provided, however, that no real property shall be\nso acquired by purchase unless the title thereto shall be approved by\nthe attorney general.\n 2. Whenever real property is to be so acquired pursuant to the\nprovisions of the eminent domain procedure law, by appropriation, the\ncommissioner of education shall cause to be made by the state department\nof transportation an accurate acquisition map. With respect to any real\nproperty or any easement to be so acquired for state university\npurposes, the state university trustees may cause the map, description\nand survey contemplated by this subdivision, and any changes,\nalterations or modifications in such map contemplated by subdivision\nfive of this section, to be made by the state department of\ntransportation or, with the approval of the director of the budget, by a\nlicensed professional engineer or a licensed land surveyor, and the\nstate commissioner of transportation and the state university trustees\nmay each authorize the state university construction fund to act as\nagent in making such map, description and survey.\n 3. On the approval of such map by the commissioner, the original\ntracing of such map shall be filed in the main office of the department\npursuant to the provisions of the eminent domain procedure law. With\nrespect to any real property or easement to be so acquired for state\nuniversity purposes, the original tracing of such map shall be filed in\nthe office of the state university trustees.\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. With respect to any real property or\nany easement to be so acquired for state university purposes, upon the\napproval of such amended map by the state university trustees, it shall\nbe filed in the office of the state university trustees and the amended\nmap shall thereupon in all respects and for all purposes supersede the\nmap 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\nwhich it refers shall be cancelled and all rights thereunder shall cease\nand determine.\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\npeople of the state of New York, as provided in the eminent domain\nprocedure law, the commissioner of education shall deem it necessary to\ncause the removal of an owner or occupant from any real property so\nacquired, he may cause such owner or occupant to be removed therefrom by\nproceeding in accordance with section four hundred five of the eminent\ndomain procedure law. The proceeding shall be brought in the name of\nthe commissioner of education as agent of the state and the attorney\ngeneral shall represent the petitioner in the proceedings. No execution\nshall issue for costs, if any, awarded against the state or the\ncommissioner of education, but they shall be part of the costs of the\nacquisition of the real property and be paid in like manner.\nProceedings may be brought separately against one or more of the owners\nor occupants of any such property, or one proceeding may be brought\nagainst all or several of the owners or occupants of any or all such\nproperty within the territorial jurisdiction of the same court, justice\nor judge; a final judgment shall be made for immediate removal of\npersons defaulting in appearance or in answering, or withdrawing their\nanswers, if any, without awaiting the trial or decision of issues raised\nby contestants, if any.\n 8. Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law the commissioner of education\nor such trustees of the state university of New York, as the case may\nbe, shall deliver to the comptroller such agreement and a certificate\nstating the amount due such owner or owners thereunder on account of\nsuch appropriation of his or their property and the amount so fixed\nshall be paid out of the state treasury after audit by the comptroller\nfrom moneys appropriated for the acquisition of such real property, but\nnot until there shall have been filed with the comptroller a certificate\nof the attorney general showing the person or persons claiming the\namount so agreed upon to be legally entitled thereto.\n 9. Application for reimbursement of incidental expenses as provided\nin section seven hundred two of the eminent domain procedure law shall\nbe made 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 monies\nappropriated for the acquisition of property under this section.\n 10. The commissioner of education and the trustees of the state\nuniversity of New York, 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 of education\nand the trustees of the state university of New York; 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 of education and\nthe trustees of the state university of New York and made a part of such\nrules and regulations. In lieu of such actual reasonable and necessary\nmoving expenses, any such displaced owner or tenant of commercial\nproperty who relocates or discontinues his business or farm operation\nmay elect to accept a fixed relocation payment in an amount equal to the\naverage annual net earnings of the business or farm operation, except\nthat such payment shall be not less than two thousand five hundred\ndollars nor more than ten thousand dollars. In the case of a business,\nno such fixed relocation payment shall be made unless the commissioner\nof education or, in the case of an acquisition, for the purposes of the\nstate university, the trustees of the state university of New York find\nand determine that the business cannot be relocated without a\nsubstantial loss of its existing patronage, and that the business is not\na part of a commercial enterprise having at least one other\nestablishment, which is not being acquired by the state or the United\nStates, which is engaged in the same or similar business. In the case\nof a business which is to be discontinued but for which the findings and\ndeterminations set forth above cannot be made, the commissioner or the\ntrustees of the state university of New York may prepare an estimate of\nwhat the actual reasonable and necessary moving expenses, exclusive of\nany storage charges, would be if the business were to be relocated and\nenter into an agreed settlement with the owner of such business for an\namount not to exceed such estimate in lieu of such actual reasonable and\nnecessary moving expenses. Application for payment under this\nsubdivision shall be made to the commissioner of education or, in the\ncase of an acquisition for the purposes of the state university, to the\ntrustees of the state university of New York and shall be accompanied by\nsuch information and evidence as the commissioner or such trustees, as\nthe case may be, may require. Upon approval of such application, the\ncommissioner or such trustees, as the case may be, shall deliver a copy\nthereof to the comptroller together with a certificate stating the\namount due thereunder, and the amount so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of property under this section. As used in this\nsubdivision the term "commercial property" shall include property owned\nby an individual, family, partnership, corporation, association or a\nnonprofit organization and includes a farm operation. As used in this\nsubdivision the term "business" means any lawful activity, except a farm\noperation, conducted primarily for the purchase, sale, lease and rental\nof personal and real property, and for the manufacture, processing, or\nmarketing of products, commodities, or any other personal property; for\nthe sale of services to the public; or by a nonprofit organization.\n 11. Authorization is hereby given to the commissioner of education or\nin the case of an acquisition for the purposes of the state university\nto the trustees of the state university of New York to make supplemental\nrelocation payments, separately computed and stated, to displaced owners\nand tenants of residential property acquired pursuant to this section\nwho are entitled thereto, as determined by the commissioner of education\nor such trustees, as the case may be. The commissioner of education and\nthe trustees of the state university of New York may, with the approval\nof the director of the budget, establish and from time to time amend\nrules and regulations providing for such supplemental relocation\npayments. Such rules and regulations may further define the terms used\nin this subdivision. In the case of property acquired pursuant to this\nsection which is improved by a dwelling actually owned and occupied by\nthe displaced owner for not less than one hundred eighty days\nimmediately prior to initiation of negotiations for the acquisition of\nsuch property, such payment to such owner shall not exceed fifteen\nthousand dollars. Such payment shall be the amount, if any, which, when\nadded to the acquisition payment equals the average price, established\nby the commissioner of education or such trustees, as the case may be,\non a class, group or individual basis, required to obtain a comparable\nreplacement dwelling that is decent, safe and sanitary to accommodate\nthe displaced owner, reasonably accessible to public services and places\nof employment and available on the private market, but in no event shall\nsuch payment exceed the difference between acquisition payment and the\nactual purchase price of the replacement dwelling. Such payment shall\ninclude an amount which will compensate such displaced owner for any\nincreased interest costs which such person is required to pay for\nfinancing the acquisition of any such comparable replacement dwelling.\nSuch amount shall be paid only if the dwelling acquired pursuant to this\nsection was encumbered by a bona fide mortgage which was a valid lien on\nsuch dwelling 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\ndifferential payment shall, notwithstanding the provisions of section\ntwenty-six-b of the general construction law, be in lieu of and in full\nsatisfaction of the requirements of such section. Such payment shall\ninclude reasonable expenses incurred by such displaced owner for\nevidence of title, recording fees and other closing costs incident to\nthe purchase of the replacement dwelling, but not including prepaid\nexpenses. Such payment shall be made only to a displaced owner who\npurchases and occupies a replacement dwelling which is decent, safe and\nsanitary within one year subsequent to the date on which he is required\nto move from the dwelling acquired pursuant to this section or the date\non which he receives from the state final payment of all costs of the\nacquired dwelling, whichever occurs later, except advance payment of\nsuch amount may be made in hardship cases. In the case of property\nacquired pursuant to this section from which an individual or family,\nnot otherwise eligible to receive a payment pursuant to the above\nprovisions of this subdivision, is displaced from any dwelling thereon\nwhich has been actually and lawfully occupied by such individual or\nfamily for not less than ninety days immediately prior to the initiation\nof negotiations for the acquisition of such property, such payment to\nsuch individual or family shall not exceed four thousand dollars. Such\npayment shall be the amount which is necessary to enable such individual\nor family to lease or rent for a period not to exceed four years, a\ndecent, safe, and sanitary dwelling of standards adequate to accommodate\nsuch individual or family in areas not generally less desirable in\nregard to public utilities and public and commercial facilities and\nreasonably accessible to his place of employment, but shall not exceed\nfour thousand dollars, or to make the down payment, including reasonable\nexpenses incurred by such individual or family for evidence of title,\nrecording fees, and other closing costs incident to the purchase of the\nreplacement dwelling, but not including prepaid expenses, on the\npurchase of a decent, safe and sanitary dwelling of standards adequate\nto accommodate such individual or family in areas not generally less\ndesirable in regard to public utilities and public and commercial\nfacilities, but shall not exceed four thousand dollars, except if such\namount exceeds two thousand dollars, such person must equally match any\nsuch amount in excess of two thousand dollars, in making the down\npayment. Such payments may be made in installments as determined by the\ncommissioner of education or such trustees, as the case may be.\nApplication for payment under this subdivision shall be made to the\ncommissioner of education or such trustees, as the case may be, and\nshall be accompanied by such information and evidence as the\ncommissioner or such trustees, as the case may be, may require. Upon\napproval of such application, the commissioner or such trustees, as the\ncase may be, shall deliver a copy thereof to the comptroller, together\nwith a certificate stating the amount due thereunder, and the amount so\nfixed shall be paid out of the state treasury after audit by the\ncomptroller from moneys appropriated for the acquisition of property\nunder 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\nand for legal damages caused by such acquisition, 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 of education shall determine subsequent to\nthe acquisition of a temporary easement in any real property that the\npurposes for which such easement right was acquired have been\naccomplished and that the exercise of such easement is no longer\nnecessary, he shall make his certificate that the exercise of such\neasement is no longer necessary and that such easement right is\ntherefore terminated, released and extinguished. The commissioner of\neducation shall cause such certificate to be filed in the office of the\ndepartment of state and upon such filing all rights acquired by the\nstate in such property shall cease and determine. The commissioner of\neducation shall cause a certified copy of such certificate as so filed\nin the office of the department of state to be mailed to the owner of\nthe 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 of education shall cause a\nfurther certified copy of such certificate to be filed in the office of\nthe recording officer of each county in which the property affected or\nany part thereof is situated. On the filing of such certified copy of\nsuch certificate with such recording officer, it shall be his duty to\nrecord the same in his office in the books used for recording deeds and\nto index the same against the name of the people of the state of New\nYork as grantor.\n 14. Whenever the state university trustees determine that property\nunder their jurisdiction, heretofore or hereafter acquired for state\nuniversity purposes pursuant to this section, or any interest therein,\nis unnecessary for the present or foreseeable future needs of the state\nuniversity and that any such property or interest may be sold, exchanged\nor released on terms beneficial to the state to the former owner from\nwhom such property or interest was acquired or, in the case of an\ninterest in such property, to the owner of the servient estate, or to\ntheir respective heirs, successors in interest or assigns, the state\nuniversity trustees may sell, exchange or release such property or\ninterest, to such owner, his heirs, successors in interest or assigns,\nwith the approval of the director of the budget and notwithstanding the\nprovisions of any general, special or local law, at the fair market\nvalue thereof or in partial or full settlement of any claim which such\nowner, or his heirs, successors in interest or assigns, may have for\ndamages resulting from the acquisition of such property or interest. In\norder to carry any such sale, exchange or release into effect, the state\nuniversity trustees are hereby authorized to exchange and deliver in the\nname of the people of the state of New York a quitclaim of, or a grant\nin and to, any such property or interest. Each such instrument of\nconveyance or release shall be prepared by the attorney general and\nbefore delivery thereof, shall be approved by him as to form and manner\nof execution.\n