§ 38-A — Removal of occupants of land resold

New York § 38-A

• Jurisdiction: New York
• Law PBL: Public Lands
• Art. 3: Unappropriated State Lands

Text

§ 38-a. Removal of occupants of land resold. When a resale of land is\ndirected, the commissioner of general services shall cause notice to be\ngiven to every occupant of such land to remove therefrom, and if he does\nnot comply with such notice, he shall direct the district attorney of\nthe county in which such lands may be situated to commence proceedings\nfor his removal before the county judge of such county. On proof, by the\nproduction of a certificate from the commissioner that a resale of such\nland has been duly ordered for default of payment, such judge shall\nissue his warrant to the sheriff of the county, commanding him within\nten days after the receipt thereof, to remove such occupant from such\nlands; and the sheriff shall remove such person within such time, and,\nfor that purpose, shall possess the same powers as in the execution of\ncriminal process. The sheriff shall retain such warrant in his hands,\nand if any person so removed shall return to occupy such lands without\nthe consent of the commissioner, he shall be forthwith removed by the\nsheriff pursuant to such warrant. The sheriff, for executing a warrant\nunder this section, shall be allowed such compensation, to be paid out\nof the treasury, as the comptroller shall certify to be reasonable.\n