§ 177 — Acquisition of real property for armories and other military facilities of the state

New York § 177

• Jurisdiction: New York
• Law MIL: Military
• Art. 9: Armories

Text

§ 177. Acquisition of real property for armories and other military\nfacilities of the state. 1. The adjutant general, provided that funds\nhave been appropriated or provided by the state or by the United States\nor by both for such purposes, is authorized to acquire by purchase or\ngifts or, pursuant to the provisions of the eminent domain procedure\nlaw, any real property which he may deem necessary for the purposes of\narmories, camps, ranges, bases, or facilities for the use of the\norganized militia, the title to all such property to be taken in the\nname of and be vested in the people of the state; provided, however,\nthat no such property shall be acquired by purchase or gift unless the\ntitle thereto shall be approved by the attorney general.\n 2. Whenever real property is to be acquired pursuant to the\nprovisions of the eminent domain procedure law, the adjutant general\nshall cause to be made by the state department of transportation an\naccurate acquisition map prepared from an accurate survey, of the\nproperty to be so acquired or in or to which any easement is to be\nacquired and, in the case of an easement, specifying the particular\nnature and the duration thereof. The adjutant general and the state\ncommissioner of transportation and their respective duly authorized\nagents and employees may enter upon such real property or, when\nnecessary, upon any adjacent real property for the purpose of making\nsuch survey.\n 3. On the approval of such map by the adjutant general, the original\ntracing of such map shall be filed in the main office of the division of\nmilitary and naval affairs, pursuant to the provisions of the eminent\ndomain procedure law.\n 4. If the adjutant general shall determine, prior to the filing of\nsuch map in the office of the clerk or register of the county, that\nchanges, alterations or modifications of such map as filed in the office\nof the division 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 adjutant\ngeneral, it shall be filed in the main office of the division and the\namended map shall thereupon in all respects and for all purposes\nsupersede the map previously filed.\n 5. If the adjutant general shall determine prior to the filing of a\ncopy of such acquisition map in the office of the county clerk or\nregister as provided in section four hundred two of the eminent domain\nprocedure law, that such map should be withdrawn, he or she may file a\ncertificate of withdrawal in the offices of the division and of the\ndepartment of law. Upon the filing of such certificate of withdrawal,\nthe map to which it refers shall be cancelled and all rights thereunder\nshall cease and determine.\n 6. The adjutant general shall deliver to the attorney general a copy\nof such acquisition map, whereupon it shall be the duty of the attorney\ngeneral to advise and certify to the adjutant general the names of the\nowners of the property, easements, interest 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 people\nof the state of New York as provided for in the eminent domain procedure\nlaw, the adjutant general shall deem it necessary to cause the removal\nof an owner or occupant from any real property so acquired, he may cause\nsuch owner or occupant to be removed therefrom by proceeding in\naccordance with section four hundred five of the eminent domain\nprocedure law. The proceeding shall be brought in the name of the\nadjutant general as agent of the state and the attorney general shall\nrepresent the petitioner in the proceedings. No execution shall issue\nfor costs, if any, awarded against the state or the adjutant general,\nbut they shall be part of the costs of the acquisition of the real\nproperty and be paid in like manner. Proceedings may be brought\nseparately against one or more of the owners or occupants of any such\nproperty, or one proceeding may be brought against all or several of the\nowners or occupants of any or all such property within the territorial\njurisdiction of the same court, justice or judge; and in any case\njudgement shall be made for immediate removal of persons defaulting in\nappearance or in answering, or withdrawing their answers, if any,\nwithout awaiting the trial or decision of issues raised by contestants,\nif any.\n 8. Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law, the adjutant general shall\ndeliver to the comptroller such agreement and a certificate stating the\namount due such owner or owners thereunder on account of such\nacquisition of his or their property and the amounts so fixed shall be\npaid out of the state treasury after audit by the comptroller from\nmoneys appropriated for the acquisition of such property, but not until\nthere shall have been filed with the comptroller a certificate of the\nattorney general showing the person or persons claiming the amount so\nagreed 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 adjutant general upon forms prescribed by him and shall\nbe accompanied by such information and evidence as the adjutant general\nmay require. Upon approval of such application, the adjutant general\nshall deliver a copy thereof to the comptroller together with a\ncertificate stating the amount due thereof, and the amount so fixed\nshall be paid out of the state treasury after audit by the comptroller\nfrom monies appropriated for the acquisition of property under this\nsection.\n 10. The adjutant general, with the approval of the director of the\nbudget, shall establish and may from time to time amend rules and\nregulations authorizing the payment of actual reasonable and necessary\nmoving expenses of occupants of property acquired pursuant to this\nsection; of actual direct losses of tangible personal property as a\nresult of moving or discontinuing a business or farm operation, but not\nexceeding an amount equal to the reasonable expenses that would have\nbeen required to relocate such property, as determined by the adjutant\ngeneral; and actual reasonable expenses in searching for a replacement\nbusiness or farm; or in hardship cases for the advance payment of such\nexpenses and losses. For the purposes of making payment of such expenses\nand losses only the term "business" means any lawful activity conducted\nprimarily for assisting in the purchase, sale, resale, manufacture,\nprocessing or marketing of products, commodities, personal property or\nservices by the erection and maintenance of an outdoor advertising\ndisplay or displays, whether or not such display or displays are located\non the premises on which any of the above activities are conducted. 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\nadjutant general and made a part of such rules and regulations. In lieu\nof such actual reasonable and necessary moving expenses, any such\ndisplaced owner or tenant of commercial property who relocates or\ndiscontinues his business or farm operation may elect to accept a fixed\nrelocation payment in an amount equal to the average annual net earnings\nof the business or farm operation, except that such payment shall be not\nless than two thousand five hundred dollars nor more than ten thousand\ndollars. In the case of a business, no such fixed relocation payment\nshall be made unless the adjutant general 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. In the case of a business which is to be discontinued but for\nwhich the findings and determinations set forth above cannot be made,\nthe adjutant general may prepare an estimate of what the actual\nreasonable and necessary moving expenses, exclusive of any storage\ncharges, would be if the business were to be relocated and enter into an\nagreed settlement with the owner of such business for an amount not to\nexceed such estimate in lieu of such actual reasonable and necessary\nmoving expenses. Application for payment under this subdivision shall\nbe made to the adjutant general upon forms prescribed by him and shall\nbe accompanied by such information and evidence as the adjutant general\nmay require. Upon approval of such application, the adjutant general\nshall deliver a copy thereof to the comptroller together with a\ncertificate stating the amount due thereunder, 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 property under this\nsection. As used in this subdivision the term "commercial property"\nshall include property owned by an individual, family, partnership,\ncorporation, association or a nonprofit organization and includes a farm\noperation. As used in this subdivision the term "business" means any\nlawful activity, except a farm operation, conducted primarily for the\npurchase, sale, lease and rental of personal and real property, and for\nthe manufacture, processing, or marketing of products, commodities, or\nany other personal property; for the sale of services to the public; or\nby a nonprofit organization.\n 11. Authorization is hereby given to the adjutant general 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\nadjutant general, with the approval of the director of the budget, may\nestablish and from time to time amend rules and regulations providing\nfor such supplemental relocation payments. Such rules and regulations\nmay further define the terms used in this subdivision. In the case of\nproperty acquired pursuant to this section which is improved by a\ndwelling actually owned and occupied by the displaced owner for not less\nthan one hundred eighty days immediately prior to initiation of\nnegotiations for the acquisition of such property, such payment to such\nowner shall not exceed fifteen thousand dollars. Such payment shall be\nthe amount, if any, which when added to the acquisition payment equals\nthe average price, established by the adjutant general on a class, group\nor individual basis, required to obtain a comparable replacement\ndwelling that is decent, safe and sanitary to accommodate the displaced\nowner, reasonably accessible to public services and places of employment\nand available on the private market, but in no event shall such payment\nexceed the difference between acquisition payment and the actual\npurchase price of the replacement dwelling. Such payment shall include\nan amount which will compensate such displaced owner for any increased\ninterest costs which such person is required to pay for financing the\nacquisition of any such comparable replacement dwelling. Such amount\nshall be paid only if the dwelling acquired pursuant to this section was\nencumbered by a bona fide mortgage which was a valid lien on such\ndwelling 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\nadjutant general. Application for payment under this subdivision shall\nbe made to the adjutant general upon forms prescribed by him and shall\nbe accompanied by such information and evidence as the adjutant general\nmay require. Upon approval of such application, the adjutant general\nshall deliver a copy thereof to the comptroller, together with a\ncertificate stating the amount due thereunder, 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 property under this\nsection.\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 adjutant general shall determine subsequent to the\nacquisition 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 adjutant general\nshall cause such certificate to be filed in the office of the department\nof state and upon such filing all rights acquired by the state in such\nproperty shall cease and determine. The adjutant general shall cause a\ncertified copy of such certificate as so filed in the office of the\ndepartment of state to be mailed to the owner of the property affected,\nas certified by the attorney general, if the place of residence of such\nowner is known or can be ascertained by a reasonable effort and such\nadjutant general shall cause a further certified copy of such\ncertificate to be filed in the office of the recording officer of each\ncounty in which the property affected or any part thereof is situated.\nOn the filing of such certified copy of such certificate with such\nrecording officer, it shall be his duty to record the same in his office\nin the books used for recording deeds and to index the same against the\nname of the people of the state of New York as grantor.\n