§ 125 — Proceedings to condemn

New York § 125

• Jurisdiction: New York
• Law PBG: Public Housing
• Art. 7: Acquisition of Property

Text

§ 125. Proceedings to condemn. 1. To initiate a condemnation\nproceeding, an authority may adopt a resolution describing the property\nand declaring that the acquisition of the property is in the public\ninterest and necessary for the public use, and that the property sought\nto be condemned is or will be required for a project. A certified copy\nof the authority's resolution shall be conclusive evidence as to the\nmatters contained therein in any condemnation proceeding to acquire the\nproperty, or any part thereof, described in such resolution.\n 2. An authority may exercise the power of condemnation pursuant to the\nprovisions of the eminent domain procedure law.\n 3. An authority may petition the municipality to institute proceedings\nunder any applicable general, special or local law, to acquire property\ndescribed in the petition which the authority has certified to be\nnecessary for a project. The resolution granting the petition shall set\nforth the amount to be paid by the authority to the municipality for\nsuch property or in lieu thereof that the authority shall pay to the\nmunicipality all sums expended or required to be expended by the\nmunicipality in the acquisition thereof, and the time of payment and\nmanner of securing payment thereof, and may require that the\nmunicipality shall receive, before proceeding with the acquisition of\nsuch property, such assurances as to payment or reimbursement by the\nauthority or otherwise as the municipality may deem advisable. Upon the\npassage of a resolution by the local legislative body of the\nmunicipality granting the petition, the authority shall cause three\ncopies of surveys or maps of the property described in the petition to\nbe made, one of which shall be filed in the office of the authority, one\nin the office of the corporation counsel or chief law officer of the\nmunicipality, and one in the office in which instruments affecting real\nproperty in the county are recorded. The filing of such copies of\nsurveys or maps shall be conclusive evidence of the acceptance by the\nauthority of the terms and conditions of such resolution. The\nmunicipality may proceed under the eminent domain procedure law to\nacquire title to such property. When title to the property shall have\nvested in the municipality, it shall convey the same to the authority\nupon payment 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, enter upon the property taken, take over and\ndispose of existing improvements, and carry out the terms of the project\nwith respect thereto. Whenever in connection with condemnation\nproceedings, requirement is made in any applicable general, special or\nlocal law for the performance of an act by a department or officer of\nthe municipality, it shall be regarded for the purposes of this section\nas compliance therewith if with the approval of the mayor such act is\nperformed by the authority or by persons specially designated by it.\n 4. In any proceedings for the assessment of compensation and damages\nfor property taken or to be taken by condemnation 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\nreceived or reserved, whichever is less, and other terms upon any\noption, lease or tenancy relating to any of the property taken or to be\ntaken or to any similar property in the vicinity when the option, sale\nor lease was given, occurred or the tenancy existed, within a reasonable\ntime of the trial, shall be admissible on direct examination. At any\nstage of the proceeding, the court or tribunal may require such prior\nnotice to be given of an intention to introduce evidence as to the sale,\noption, leasing or tenancy of property other than the property directly\ninvolved in the proceeding and of particulars relating thereto as it may\ndeem necessary to prevent surprise.\n (b) The deposition of any person, whether or not a party, may be taken\nin the manner provided for any civil action and the provisions of this\nsection. Such deposition may be taken upon any question or issue in the\nproceeding, including the facts as to any sale, option, lease or tenancy\nadmissible in evidence pursuant to this subdivision. The deposition may\nbe taken at the instance of the authority, the municipality or of any\nowner or at the direction of the court, at any time during the pendency\nof the action or proceeding. At least five days' notice, or if service\nis through the mails, at least eight days' notice, shall be given of the\ntaking of the testimony, if on the part of an owner, to the authority\nand to all other owners who have appeared in the proceeding; if by the\nauthority or a municipality, to all owners who have appeared in the\nproceeding.\n (c) Any time during the pendency of such action or proceedings, an\nauthority, municipality or an owner may apply to the court for an order\ndirecting an owner or the authority or the municipality, as the case may\nbe, to show cause why further proceedings should not be expedited, and\nthe court may upon such application make an order requiring that the\nhearings proceed and that any other steps be taken with all possible\nexpedition.\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 for the purposes of this chapter of the property or of\nthe area in which the property is situated. No allowance shall be made\nfor improvements 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 insanitary, unsafe\nor substandard condition of the premises, or the illegal use thereof, or\nthe enhancement of rentals from such illegal use, and such evidence may\nbe considered in fixing the compensation to be paid, notwithstanding\nthat no steps to remedy or abate such conditions have been taken by the\ndepartment or officers having jurisdiction. If a violation order is on\nfile against the premises in any such department, it shall constitute\nprima facie evidence of the existence of the condition specified in such\norder.\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) Upon the trial, evidence of the price and other terms upon a sale\nor assignment or of a contract for the sale or assignment of a mortgage,\naward, proposed award, transfer of a tax lien or lien of a judgment\nrelating to property taken, shall be relevant, material and competent,\nupon the issue of value or damage and shall be admissible on direct\nexamination.\n (h) Upon the trial a statement, affidavit, deposition, report,\ntranscript of testimony in an action or proceeding, or appraisal made or\ngiven by any owner or prior owner of the premises taken, or by any\nperson on his behalf, to any court, governmental bureau, department or\nagency respecting the value of the property for tax purposes, shall be\nrelevant, material and competent upon the issue of value or damage and\nshall be admissible on direct examination.\n (i) 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