§ 27 — Acquisition of real property by purchase or appropriation

New York § 27

• Jurisdiction: New York
• Law PBL: Public Lands
• Art. 2: Office of General Services

Text

§ 27. Acquisition of real property by purchase or appropriation. 1.\nThe commissioner of general services when moneys therefor have been\nappropriated by the legislature or are otherwise available, may acquire\nany real property which he deems necessary for the implementation or\naccomplishment of any statutory purpose, function, operation or\nresponsibility of the commissioner of general services or the office of\ngeneral services, by purchase or as provided in the eminent domain\nprocedure law. Title to such real property shall be taken in the name of\nand be vested in the people of the state of New York. No real property\nshall be so acquired by purchase unless the title thereto is approved by\nthe attorney general. The terms "property" or "real property" as used in\nthis section shall mean "real property" as defined by section one\nhundred three of the eminent domain procedure law.\n 2. Whenever real property is to be so acquired pursuant to the\nprovisions of the eminent domain procedure law the commissioner of\ngeneral services shall cause to be made an accurate acquisition map as\nso provided in said law.\n 3. On the approval of such map by the commissioner of general\nservices, the original tracing of the map shall, pursuant to the eminent\ndomain procedure law, be filed in the main office of the office of\ngeneral services.\n 4. If the commissioner of general services shall determine, prior to\nthe filing of a copy of such acquisition map in the office of the county\nclerk, that changes, alterations or modifications of such map as filed\nin the main offices of the office of general services should be made, he\nor she shall, subject to the provisions of article two of the eminent\ndomain procedure law, if applicable, direct the preparation of an\namended map. On the approval of such amended map by the commissioner, it\nshall be filed in his or her office and he or she shall cause a\ncertified copy of such amended map to be filed in the office in the same\nmanner as the original map was filed and the amended map shall thereupon\nin all respects and for all purposes supersede the map previously filed.\n 5. If the commissioner of general services shall determine, prior to\nthe filing of a copy of an acquisition map in the office of the county\nclerk, as provided in section four hundred two of the eminent domain\nprocedure law, that such map should be withdrawn, he or she shall file a\ncertificate of withdrawal in the offices of the office of general\nservices and of the department of law. Upon the filing of such\ncertificate of withdrawal, the map to which it refers shall be cancelled\nand all rights thereunder shall cease and terminate.\n 6. The commissioner of general services 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 the\nnames of the owners of the real property described in the said\nacquisition map, including the owners of any right, title or interest\ntherein, pursuant to the requirements of section four hundred three of\nthe 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 in the manner provided for in the eminent\ndomain procedure law, the commissioner of general services shall deem it\nnecessary to cause the removal of an owner or other occupant from such\nproperty, he may cause such owner or occupant to be removed therefrom by\nproceeding in accordance with section four hundred five of such law. The\nproceeding shall be brought in the name of the commissioner as agent of\nthe state and the attorney general shall represent the petitioner in the\nproceedings. No execution shall issue for costs, if any, awarded against\nthe state or the commissioner, but they shall be part of the costs of\nthe 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 given 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 8. Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law, the commissioner of general\nservices 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 amount so\nfixed 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 9. Application for reimbursement as provided in section seven hundred\ntwo of the eminent domain procedure law shall be made to the\ncommissioner of general services upon forms prescribed by him and shall\nbe accompanied 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 amounts 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.\n 10. The commissioner of general services, with the approval of the\ndirector of the budget, shall establish and may from time to time amend\nrules and regulations authorizing the payment of actual reasonable and\nnecessary moving expenses of occupants of property acquired pursuant to\nthis section; 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\ncommissioner; of actual reasonable expenses in searching for a\nreplacement business or farm; and of actual reasonable expenses\nnecessary to reestablish a displaced farm, not-for-profit organization\nor small business at its new site, but not to exceed ten thousand\ndollars, or in hardship cases for the advance payment of such expenses\nand losses. 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 and actual\nreasonable reestablishment expenses, any such displaced owner or tenant\nof commercial property who meets eligibility criteria and 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 one thousand dollars nor more than twenty thousand dollars. A\ndisplaced not-for-profit organization may choose a fixed payment of one\nthousand to twenty thousand dollars in lieu of the payment for actual\nmoving and related expenses and actual reasonable reestablishment\nexpenses if eligibility criteria are met. 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. As used in this subdivision the term "commercial\nproperty" shall include property owned by an individual, family,\npartnership, corporation, association or a not-for-profit organization\nand includes a farm operation. As used in this subdivision the term\n"business" means any lawful activity, except a farm operation, conducted\nprimarily for the purchase, sale, lease and rental of personal and real\nproperty, and for the manufacture, processing, or marketing of products,\ncommodities, or any other personal property; for the sale of services to\nthe public; or by a not-for-profit organization. The term "small\nbusiness" means a business having not more than five hundred employees\nworking at the site being acquired or permanently displaced. As used in\nthis subdivision the term "farm operation" means any activity conducted\nsolely or primarily for the production of one or more agricultural\nproducts or commodities including timber for sale or home use, and\ncustomarily producing such products or commodities in sufficient\nquantities to be capable of contributing materially to the operator's\nsupport.\n 11. The commissioner of general services pursuant to section three\nhundred five of the eminent domain procedure law, may make agreements on\nsuch terms, conditions and consideration as he deems beneficial to the\nstate with respect to any property heretofore or hereafter acquired,\nwhereby such property may be used and occupied by the former owner,\ntenant or by any other party from a date specified in said agreement,\nuntil such time as the state requires and obtains actual physical\npossession. The agreements for the use and occupancy of such property\nmay be managed, supervised and enforced (a) by the staff, forces and\nequipment of the office of general services; or (b) by the commissioner\nof general services contracting for the management, supervision and\nenforcement thereof with any person, firm or corporation; or (c) by a\ncombination of such methods.\n The use and occupancy of such property under the provisions of this\nsection and the right of the state or its duly authorized agent to\nrecover possession thereof shall not be subject to the emergency housing\nrent control law.\n Expenses which are determined by the commissioner to have been\nincurred in connection with the use and occupancy of such property may\nbe paid out of the state treasury after audit by the comptroller from\nmoneys appropriated for the duly authorized project for which the\nproperty was acquired. However, such expenses incurred under a contract\nfor management and supervision of such property may be paid out of the\ngross revenue therefrom. All moneys received by the commissioner for\nsuch use or occupancy shall be paid into the treasury of the state to\nthe credit of the capital projects fund.\n 12. Authorization is hereby given to the commissioner of general\nservices to make supplemental relocation payments, separately computed\nand stated, to displaced owners and tenants of residential property\nacquired pursuant to this section who are entitled thereto, as\ndetermined by him. The commissioner, with the approval of the director\nof the budget, may establish and from time to time amend rules and\nregulations providing for such supplemental relocation payments or\nreplacement housing. Such rules and regulations may further define the\nterms used in this subdivision. In the case of property acquired\npursuant to this section which is improved by a dwelling actually owned\nand occupied by the displaced owner for not less than one hundred eighty\ndays immediately prior to initiation of negotiations for the acquisition\nof such property, such payment to such owner shall not exceed twenty-two\nthousand five hundred dollars. Such payment shall be the amount, if any,\nwhich, when added to the acquisition payment equals the average price,\nestablished by the commissioner on a class, group or individual basis,\nrequired to obtain a comparable replacement dwelling that is decent,\nsafe and sanitary to accommodate the displaced owner, reasonably\naccessible to public services and places of employment and available on\nthe private market, but in no event shall such payment exceed the\ndifference between acquisition payment and the actual purchase price of\na replacement dwelling which is decent, safe and sanitary. Such payment\nshall include an amount which will compensate such displaced owner for\nany increased interest costs which such person is required to pay for\nfinancing the acquisition of any such comparable replacement dwelling.\nSuch amount shall be paid only if the dwelling acquired pursuant to this\nsection was encumbered by a bona fide mortgage which was a valid lien on\nsuch dwelling for not less than one hundred eighty days prior to the\ninitiation of negotiations for the acquisition of such dwelling. Any\nsuch mortgage interest differential payment shall, notwithstanding the\nprovisions of section twenty-six-b of the general construction law, be\nin lieu of and in full satisfaction of the requirements of such section.\nSuch payment shall include reasonable expenses incurred by such\ndisplaced owner for evidence of title, recording fees and other closing\ncosts incident to the purchase of the replacement dwelling, but not\nincluding prepaid expenses. Such payment shall be made only to a\ndisplaced owner who purchases and occupies a replacement dwelling which\nis decent, safe and sanitary within one year subsequent to the date on\nwhich he is required to move from the dwelling acquired pursuant to this\nsection or the date the commissioner identifies, for the displaced\nowner, replacement housing actually available within the limits of the\noffer extended for replacement housing, whichever occurs later, except\nadvance payment of such amount may be made in hardship cases. In the\ncase of property acquired pursuant to this section from which an\nindividual or family, not otherwise eligible to receive a payment\npursuant to the above provisions of this subdivision, is displaced from\nany dwelling thereon which has been actually and lawfully occupied by\nsuch individual or family for not less than ninety days immediately\nprior to the initiation of negotiations for the acquisition of such\nproperty, such payment to such individual or family shall not exceed\nfive thousand two hundred fifty dollars. Such payment shall be the\namount which is necessary to enable such individual or family to lease\nor rent for a period not to exceed forty-two months, a decent, safe, and\nsanitary dwelling of standards adequate to accommodate such individual\nor family in areas not generally less desirable in regard to public\nutilities and public and commercial facilities and reasonably accessible\nto his place of employment. Such payment may be used as a down payment,\nincluding reasonable expenses incurred by such individual or family for\nevidence of title, recording fees, and other closing costs incident to\nthe purchase of the replacement dwelling, but not including prepaid\nexpenses, on the purchase of a decent, safe and sanitary dwelling of\nstandards adequate to accommodate such individual or family in areas not\ngenerally less desirable in regard to public utilities and public and\ncommercial facilities. Such payments may be made in installments as\ndetermined by the commissioner. However, notwithstanding the provisions\nof this subdivision, if it is determined by the commissioner that\nreplacement housing cannot be obtained for the supplemental relocation\npayments specified herein, he may, subject to the approval of the\ndirector of the budget, take such action as is necessary or appropriate\nto provide last resort housing with the use of funds authorized for the\nproject. Application for payment under this subdivision shall be made to\nthe commissioner upon forms prescribed by him and shall be accompanied\nby such information and evidence as the commissioner may require. Upon\napproval of such application, the commissioner shall deliver a copy\nthereof to the comptroller, together with a certificate stating the\namount due thereunder, and the amount so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of property under this section.\n 13. Any owner of real property acquired pursuant to this section may\npresent to the court of claims, pursuant to section five hundred three\nof the eminent domain procedure law, a claim for the value of such\nproperty appropriated and for legal damages, 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 14. Expenses incurred in the acquisition of the real property,\nincluding the cost of making surveys, and preparing descriptions and\nmaps of property to be acquired, and of administrative duties in\nconnection therewith, serving notices, making appraisals and agreements\nand of searches ordered and examinations and readings of title made by\nthe attorney general, and expenses incurred by the commissioner of\ngeneral services or attorney general in proceedings for removal of\nowners and occupants, shall be deemed to be part of the cost of the\nacquisition of such real property.\n 15. If the commissioner of general services 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 shall\ncause such certificate to be filed in the office of the department of\nstate and upon such filing all rights acquired by the state in such real\nproperty shall cease and determine. The commissioner 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 the\ncommissioner shall cause a further certified copy of such certificate to\nbe filed in the office of the recording officer of each county in which\nthe property affected or any part thereof is situated. On the filing of\nsuch certified copy of such certificate with such recording officer, it\nshall be his duty to record the same in his office in the books used for\nrecording deeds and to index the same against the name of the people of\nthe state of New York as grantor.\n 16. If any clause, sentence, paragraph, or part of this section or the\napplication thereof to any person, firm or corporation, project or\ncircumstance shall be adjudged by any court of competent jurisdiction to\nbe invalid, such judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph, or part of the application thereof to the person,\nfirm or corporation, project or circumstance directly involved in the\ncontroversy in which such judgment shall have been rendered.\n