§ 70 — Eminent domain

New York § 70

• Jurisdiction: New York
• Law MHA: Municipal Housing Authorities
• Art. 5: Of the Former State Housing Law (cited Herein As the "municipal Housing Authorities Law"), As Such Article Existed Immediately Prior to Its Repeal Pursuant to Section 227 of Chapter 808 of the Laws of 1939, Is Provided Here For Ease of Reference and Historical Purposes As Such Text Continues to Be Applicable For the New York City Housing Authority Pursuant to the Provisions of Section 401 of the Current Public Housing Law

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* § 70. Eminent domain. 1. The power of eminent domain may be\nexercised by or for an authority after the adoption by it of a\nresolution declaring that the acquisition of the property described\ntherein is in the public interest and necessary for the public use and\nthat such property is included in an approved project.\n 2. The authority may exercise the power of eminent domain pursuant to\nthe provisions of the condemnation law with such modifications as are in\nthis subdivision two provided. A certified copy of the authority's\nresolution shall be conclusive evidence as to the matters contained\ntherein in any proceeding under the condemnation law to acquire the\nproperty or any part thereof described in such resolution. The\nproceeding shall be instituted by the presentation of a petition by the\nauthority to the supreme court pursuant to section four of the\ncondemnation law. The petition shall, in lieu of the statements required\nby subdivision one of section four of said law, set forth the name of\nthe authority and the time and place of the filing of its certificate,\nand shall in addition to the matters required by said section four,\nstate the amount or valuation at which each parcel of the real property\nto be acquired has been assessed for purposes of taxation on the tax\nrolls of the municipality for each of the three years preceding the date\nof the petition, which assessed valuation in case only part of an entire\nplot in a single ownership is to be acquired shall be pro-rated\naccording to the area of the part so to be acquired.\n Where it appears to the satisfaction of the court, at any stage of the\nproceedings, upon the petition of the authority, that the public\ninterest will be prejudiced by delay, the court may after such notice to\nthe parties in interest as it may prescribe, which notice, however,\nshall not be less than eight days and may be by posting upon the\nproperty or by publication in such paper or papers at such times as the\ncourt may require, order that the authority be permitted to enter\nimmediately upon the real property described in the petition, or any\npart thereof, and to demolish any structures located thereon, and to\nproceed with the construction of the project thereon, upon depositing\nwith the court a sum of money or in lieu thereof, bonds or obligations\nof the state or the United States of equivalent or greater value, not\nless than the last assessed valuation of the property, which the court\nshall find to be sufficient for the protection of the persons who may be\nentitled to the award. Such deposit or the proceeds thereof shall be\napplied, so far as it may be necessary for that purpose, to the payment\nof any award that may be made, with interest thereon, costs and\nexpenses, and the residue, if any, shall be returned to the authority.\n An authority may petition the municipality to institute proceedings\nunder its charter or other law, to acquire property described in the\npetition which the authority has certified to be necessary for a\nproject. The resolution granting the petition shall set forth the amount\nto be paid by the authority to the municipality for such property or in\nlieu thereof that the authority shall pay to the municipality all sums\nexpended or required to be expended by the municipality in the\nacquisition thereof, and the time of payment and manner of securing\npayment thereof, and may require that the municipality shall receive,\nbefore proceeding with the acquisition of such property, such assurances\nas to payment or reimbursement by the authority or otherwise as the\nmunicipality may deem advisable. Upon the passage of a resolution by the\nmunicipality granting the petition, the authority shall cause two\nsurveys or maps of the property described in the petition to be made one\nof which shall be filed in the office of the authority and the other in\nthe office in which instruments affecting real property in the county\nare recorded. The filing of such surveys or maps shall be conclusive\nevidence of the acceptance by the authority of the terms and conditions\nof such resolution. The municipality may proceed under any provision of\nits charter or other law applicable to the condemnation of real property\nfor public improvements. When title to the property shall have vested in\nthe municipality, it shall convey the same to the authority upon\npayment by the authority of the sums and the giving of the security\nrequired by the resolution granting the petition. As soon as title shall\nhave vested in the municipality, the authority may, upon the\nauthorization of the mayor or county executive, as the case may be,\nenter upon the property taken and carry out the terms of the project\nwith respect thereto. Whenever in connection with eminent domain\nproceedings, requirement is made in any city charter or other law for\nthe performance of an act by a department or officer of the\nmunicipality, it shall be regarded for the purposes of this section as\ncompliance therewith if with the approval of the mayor or county\nexecutive such act is performed by the authority or by persons specially\ndesignated by it.\n 4. In the case of a federal project, the authority may, with the\napproval of the mayor or county executive, as the case may be, request\nthe federal government to acquire by eminent domain property which the\nauthority has certified to be necessary for the project.\n 5. In any proceedings for the assessment of compensation and damages\nfor property taken or to be taken by eminent domain by or for an\nauthority, the following provisions shall be applicable:\n (a) Evidence of the price and other terms upon any sale or the rent\nreserved and other terms upon any lease or tenancy relating to any of\nthe property taken or to be taken or to any similar property in the\nvicinity when the sale or leasing occurred or the tenancy existed within\na reasonable time of the trial shall be admissible on direct\nexamination. At any stage of the proceeding, the court or tribunal may\nrequire such prior notice to be given of an intention to introduce\nevidence as to the sale, leasing or tenancy of property other than the\nproperty directly involved in the proceeding and of particulars relating\nthereto as it may deem necessary to prevent surprise.\n (b) The deposition of any person, whether or not a party, may be taken\npursuant to article twenty-nine of the civil practice act, the rules of\ncivil practice and the provisions of this section. Such deposition may\nbe taken upon any question or issue in the proceeding, including the\nfacts as to any sale, lease or tenancy admissible in evidence pursuant\nto this subdivision five. The deposition may be taken at the instance of\nthe authority or of any owner or at the direction of the court, at any\ntime during the pendency of the action or proceeding. At least five\ndays' notice, or if service is through the mails, at least eight days'\nnotice, shall be given of the taking of the testimony, if on the part of\nan owner, to the authority and to all other owners who have appeared in\nthe proceeding; if by the authority, to all owners who have appeared in\nthe proceeding.\n (c) Any time during the pendency of such action or proceedings, an\nauthority or an owner may apply to the court for an order directing an\nowner or the authority, as the case may be, to show cause why further\nproceedings should not be expedited, and the court may upon such\napplication make an order requiring that the hearings proceed and that\nany other steps be taken with all possible expedition.\n (d) For the purposes of this article, the award of compensation shall\nnot be increased by reason of any increase in the value of the property\ncaused by the clearance, reconstruction or proposed clearance or\nreconstruction under this article of the property or of the area in\nwhich the property is situated. No allowance shall be made for\nimprovements begun on property after notice to the owner of such\nproperty of the institution of the proceedings to condemn such property.\n (e) Evidence shall be admissible bearing upon the unsanitary, unsafe\nor substandard condition of the premises, or the illegal use thereof, or\nthe enhancement of rentals resulting from such illegal use, and such\nevidence may be considered in fixing the compensation to be paid,\nnotwithstanding that no steps to remedy or abate such conditions have\nbeen taken by the department or officers having jurisdiction. If a\nviolation order is on file against the premises in any such department,\nit shall constitute prima facie evidence of the existence of the\ncondition specified in such order.\n (f) If any of the property included within the project is devoted to a\npublic use, it may nevertheless be acquired provided that no property\nbelonging to the municipality or to any government may be acquired\nwithout its consent, and no property belonging to a public utility\ncorporation may be acquired without the approval of the commission or\nother officer or tribunal having regulatory power over such corporation.\n (g) The term "owner," as used in this section, shall include a person\nhaving an estate, interest or easement in the property to be acquired or\na lien, charge or encumbrance thereon.\n * NB The text of Article 5 of the former State Housing Law (cited\nherein as the "Municipal Housing Authorities Law"), as such article\nexisted immediately prior to its repeal pursuant to section 227 of\nChapter 808 of the Laws of 1939, is provided here for ease of reference\nand historical purposes as such text continues to be applicable for the\nNew York City Housing Authority pursuant to the provisions of section\n401 of the current Public Housing Law.\n