§ 71.01 — Acquisition of real property

New York § 71.01

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 71: Acquisition of Real Property

Text

§ 71.01 Acquisition of real property.\n (a) The head of each office of the department, as defined in section\n5.03 of this chapter, when an appropriation therefor has been made by\nthe legislature, may acquire, for and on behalf of the health and mental\nhygiene facilities improvement corporation, any real property which he\nmay deem necessary for the purpose of a state institution, or for that\noffice or division of the department of which he is the head, by\npurchase or pursuant to the eminent domain procedure law, the title to\nwhich shall be taken in the name of and be vested in the people of the\nstate of New York; provided, however, that no real property shall be so\nacquired by purchase unless the title thereto shall be approved by the\nattorney general.\n (b) Whenever real property is to be acquired pursuant to the eminent\ndomain procedure law, the commissioner of mental hygiene shall cause to\nbe made by the office of general services an accurate acquisition map.\nWith respect to any real property or any easement to be so acquired for\nmental hygiene purposes, the commissioner of mental hygiene may cause\nthe map, contemplated by this subdivision, and any changes, alterations\nor modifications in such map and description contemplated by subdivision\n(e) of this section, to be made by the office of general services or,\nwith the approval of the director of the budget, by a licensed\nprofessional engineer or a licensed land surveyor, and the commissioner\nof general services and the commissioner of mental hygiene may each\nauthorize the health and mental hygiene facilities improvement\ncorporation to act as agent in making such map.\n (c) Whenever real property is to be acquired pursuant to the eminent\ndomain procedure law, the commissioner of mental hygiene shall cause an\naccurate map to be made by the state department of transportation. With\nrespect to any real property or any easement to be so acquired for\nmental hygiene purposes, the commissioner of mental hygiene may cause\nthe map, contemplated by this subdivision, and any changes, alterations\nor modifications in such map and description contemplated by subdivision\n(e) 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 commissioner of mental\nhygiene may each authorize the mental hygiene facilities improvement\nfund to act as agent in making such map.\n (d) 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.\n (e) 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.\n (f) 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 (g) The commissioner of mental hygiene shall deliver to the attorney\ngeneral a copy of such acquisition map, whereupon it shall be the duty\nof the attorney general to advise and certify to the commissioner of\nmental hygiene the names of the owners of the property, easements,\ninterests or rights described in the said acquisition map, including the\nowners of any right, title or interest therein, pursuant to the\nrequirements of section four hundred three of the eminent domain\nprocedure law.\n (h) If, at or after the vesting of title to such property in the\npeople of the state of New York as provided for in the eminent domain\nprocedure law, the commissioner of mental hygiene shall deem it\nnecessary to cause the removal of an owner or occupant from any real\nproperty so acquired, he may cause such owner or occupant to be removed\ntherefrom by proceeding in accordance with section four hundred five of\nthe eminent domain procedure law. The proceeding shall be brought in\nthe name of the commissioner of mental hygiene as agent of the state and\nthe attorney general shall represent the petitioner in the proceedings.\nNo execution shall issue for costs, if any, awarded against the state or\nthe commissioner of mental hygiene, but they shall be part of the costs\nof the acquisition 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; judgment shall be made for immediate removal of persons\ndefaulting in appearance or in answering, or withdrawing their answers,\nif any, without awaiting the trial or decision of issues raised by\ncontestants, if any.\n (i) Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law, the commissioner of mental\nhygiene shall deliver to the comptroller such agreement and a\ncertificate stating the amount due such owner or owners thereunder on\naccount of such appropriation of his or their property and the amounts\nso fixed shall be paid out of the state treasury after audit by the\ncomptroller from moneys appropriated for the acquisition of such real\nproperty, but not until there shall have been filed with the comptroller\na certificate of the attorney general showing the person or persons\nclaiming the amount so agreed upon to be legally entitled thereto.\n (j) 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 (k) The commissioner, with the approval of the director of the budget,\nshall establish and may amend rules and regulations authorizing the\npayment of actual reasonable and necessary moving expenses of occupants\nof property acquired pursuant to this section or in hardship cases for\nthe advance payment of reasonable and necessary moving expenses. Such\nrules and regulations may further define the terms used in this\nsubdivision. In lieu of such actual reasonable and necessary moving\nexpenses, any such displaced owner or tenant of residential property may\nelect to accept a moving expense allowance, plus a dislocation\nallowance, determined in accordance with a schedule prepared by the\ncommissioner and made a part of such rules and regulations. In lieu of\nsuch actual reasonable and necessary moving expenses, any such displaced\nowner or tenant of commercial property who relocates or discontinues his\nbusiness or farm operation may elect to accept a fixed relocation\npayment in an amount equal to the average annual net earnings of the\nbusiness or farm operation, or five thousand dollars, whichever is the\nlesser. In the case of a business, no such fixed relocation payment\nshall be made unless the commissioner finds and determines that the\nbusiness cannot be relocated without a substantial loss of its existing\npatronage, and that the business is not part of a commercial enterprise\nhaving at least one other establishment, which is not being acquired by\nthe state or the United States, which is engaged in the same or similar\nbusiness. Application for payment under this subdivision shall be made\nto 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 thereunder, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of property under this section. As used\nin this subdivision "commercial property" shall include property owned\nby an individual, family, business concern (including the operation of a\nfarm) and a non-profit organization.\n (l) Authorization is hereby given to the commissioner to make\nsupplemental relocation payments, separately computed and stated, to\ndisplaced owners and tenants of residential property acquired pursuant\nto this section who are entitled thereto, as determined by him. The\ncommissioner, with the approval of the director of the budget, may\nestablish and amend rules and regulations providing for such\nsupplemental relocation payments. Such rules and regulations may further\ndefine the terms used in this subdivision. In the case of property\nacquired pursuant to this section which is improved by a single,\ntwo-family or three-family dwelling actually owned and occupied by the\nowner for not less than one year immediately prior to the initiation of\nnegotiations for the acquisition of such property, such payment to such\nowner shall not exceed five thousand dollars. Such payment shall be the\namount, if any, which, when added to the acquisition payment equals the\naverage price, established by the commissioner on a class, group or\nindividual basis, required to obtain a comparable replacement dwelling\nthat is decent, safe and sanitary to accommodate the displaced owner.\nSuch payment shall be made only to a displaced owner who purchases and\noccupies a dwelling within one year subsequent to the date on which he\nis required to move from the dwelling acquired pursuant to this section,\nexcept advance payment of such amount may be made in hardship cases. In\nthe case of property acquired pursuant to this section from which an\nindividual or family, not otherwise eligible to receive a payment\npursuant to other provisions of this subdivision, is displaced from any\ndwelling thereon which has been actually and lawfully occupied by such\nindividual or family for not less than ninety days immediately prior to\nthe initiation of negotiations for the acquisition of such property,\nsuch payment to such individual or family shall not exceed one thousand\nfive hundred dollars. Such payment shall be the amount which is\nnecessary to enable such individual or family to lease or rent for a\nperiod not to exceed two years, or to make the down payment on the\npurchase of, a decent, safe and sanitary dwelling adequate to\naccommodate such individual or family. Application for payment under\nthis subdivision shall be made to the commissioner upon forms prescribed\nby him and shall be accompanied by such information and evidence as the\ncommissioner may require. Upon approval of such application, the\ncommissioner 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 (m) 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 and\nfor legal damages caused by such acquisition, as provided by law for the\nfiling of claims with the court of claims. Awards and judgments of the\ncourt of claims shall be paid in the same manner as awards and judgments\nof that court for the acquisition of lands generally and shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of such real property.\n (n) If the commissioner of mental hygiene shall determine subsequent\nto the 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\nmental hygiene shall cause such certificate to be filed in the office of\nthe department of state and upon such filing all rights acquired by the\nstate in such property shall cease and determine. The commissioner of\nmental hygiene shall cause a certified copy of such certificate as so\nfiled in the office of the department of state to be mailed to the owner\nof the 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 mental hygiene 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 (o) If moneys appropriated by the legislature for the acquisition of\nany real property under this section are subject to repayment, the\ncomptroller shall annually certify to the trustees of the health and\nmental hygiene facilities improvement corporation on or before May first\nin every year, the costs of acquisition of such real property paid\nduring the preceding state fiscal year and the aggregate costs of\nacquisition of such real property paid during all preceding state fiscal\nyears out of the state treasury from moneys so appropriated.\n