§ 26-B — Just compensation as including loss of mortgage financing

New York § 26-B

• Jurisdiction: New York
• Law GCN: General Construction
• Art. 2: Meaning of Terms

Text

§ 26-b. Just compensation as including loss of mortgage financing.\nNotwithstanding any inconsistent provisions of law, whenever property is\ntaken pursuant to the power of eminent domain (whether denominated\ncondemnation, appropriation or otherwise) just compensation required by\nthe state constitution shall include an amount sufficient to compensate\nfor the loss of existing mortgage financing if such property was used\nprior to taking primarily as a residence however, such amount shall not\nexceed fifteen thousand dollars. In computing the amount of such loss,\nthe following shall be considered: (a) the difference in the interest\nrate payable on the existing mortgage from that prevailing at the date\nof taking in the area where the property is located for new mortgage\nloans on similar types of property to similar borrowers; (b) the length\nof time from the date of taking to the maturity of the existing\nmortgage, and (c) the prevailing costs to similar mortgage borrowers on\nsimilar types of property at the date of taking in the area where the\nproperty is located of obtaining and closing a new mortgage loan in an\namount equal to the unpaid principal balance of the existing mortgage.\n