§ 15-1523 — Indirect damages; decision and payment as to Rochester

New York § 15-1523

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 15: Water Supply
• Art. 15: Water Resources

Text

§ 15-1523. Indirect damages; decision and payment as to Rochester.\n 1. Whenever the department shall decide that the execution of any\nwater supply project by the city of Rochester will result in damages to\npersons and property, the determination of and payment for which are not\notherwise provided for by law, the department shall so state in its\ndecision and it may order that such damages be determined and paid in\naccordance with the provisions of this section.\n 2. Whenever the department shall make such a decision relating to the\ndetermination and payment of damages pursuant to the provisions of this\nsection, any person who is on the date of such decision, the owner of\nany real estate not taken by the applicant, or the owner of any\nestablished business, directly or indirectly decreased in value by\nreason of the acquiring of land for or on account of a new or additional\nwater supply project, his heirs, personal representatives and assigns,\nshall have a right to damages for such decrease in value. The city of\nRochester may agree with such person as to the amount of such damages,\nand, if such agreement cannot be made, such damages, if any, shall be\ndetermined in the manner provided in the eminent domain procedure law\nfor the ascertaining and determining of the value of the real estate\ntaken for such project, and the court shall not be limited in the\nreception of evidence to the rules regulating the proof of direct\ndamages. The amount of such damages so agreed upon, or determined, as\naforesaid, shall be paid and collected in the same manner as is provided\nfor the payment of awards in condemnation proceedings as provided in the\ncharter of the city of Rochester for the taking of real property.\n 3. A person employed in a manufacturing establishment, or in an\nestablished business, or upon any lands, who is not the owner or part\nowner thereof, which manufacturing establishment, or established\nbusiness, is injured or destroyed, or which lands are taken or acquired\nunder or on account of the carrying out of such project, and who has\nbeen so employed continuously for at least six months prior to the date\nof the decision of the department and who continues in such employment\nup to the time of such injury, destruction, taking or acquisition, shall\nhave a claim for damages against the city of Rochester equal to the\nsalary or wages paid to such employee for the six months immediately\npreceding the date of such decision. Such damages may be determined by\nagreement with the city of Rochester, or, in case such agreement cannot\nbe made, such employee may maintain an action against the city of\nRochester in the Supreme Court to recover such damages, not, however, to\nexceed the sum of the salary or wages paid him for the six months\nimmediately preceding the date of the decision of the department.\n 4. If the department shall so approve of a project, or a part of a\nproject, the execution of which is to be deferred, or, if for any reason\nsuch execution shall thereafter be deferred, the department shall in its\ndecision, or in a modification thereof, fix a date, other than the date\nof the decision, which shall be held to be applicable to all damages\narising from the execution of such project, or of such part of a\nproject.\n 5. The powers, rights, privileges and duties granted, conferred and\nimposed by the provisions of this section are hereby granted, conferred\nand imposed notwithstanding any inconsistent provision in this or any\nother general or special law.\n