§ 216 — Proceedings to acquire

New York § 216

• Jurisdiction: New York
• Law PVH: Private Housing Finance
• Art. 6: Urban Redevelopment Corporations

Text

§ 216. Proceedings to acquire. 1. When it is desired that any real\nproperty in a development area be acquired by condemnation, there shall\nbe presented to the supervising agency by the redevelopment corporation\na verified petition requesting the issuance of a certificate of approval\nof condemnation of such real property which shall contain, among other\nthings:\n (a) A metes and bounds description of the real property involved and a\nstatement of the estate, interest, privileges, franchise or right\ntherein or appurtenant thereto to be condemned;\n (b) Proof that such real property is within the development area;\n (c) Proof that the redevelopment corporation has acquired the fee\ntitle, or valid and enforceable options or contracts for the acquisition\nof such title to or in real property satisfying the minimum condemnation\nrequirement; and\n (d) Proof that certificates of approval of the development plan\nrequired by section two hundred three of this article have been issued.\n The supervising agency shall determine within a reasonable time\nthereafter the truth or sufficiency of the statements and proof\ncontained in such petition, and, if such determination shall be in the\naffirmative, the supervising agency shall issue to the petitioner a\ncertificate of approval of condemnation. Such certificate shall contain\na description of the real property proposed to be condemned, the facts\nso determined with respect thereto, and a statement that the real\nproperty proposed to be condemned is required for a public use and that\nits acquisition for such use is necessary. A certified copy of such\ncertificate of approval of condemnation shall be conclusive evidence of\nthe facts stated therein in any condemnation proceeding to acquire the\nreal property, or any part thereof, described in such certificate. No\ncondemnation proceeding to acquire real property in a development area,\nwhether by a redevelopment corporation or by a city for a redevelopment\ncorporation, shall be commenced until such a certificate of approval of\ncondemnation shall have been issued.\n 2. Acquisition proceedings by a redevelopment corporation shall be\ninstituted pursuant to the provisions of the eminent domain procedure\nlaw.\n 3. Condemnation proceedings for a redevelopment corporation shall be\ninitiated by a petition to the city to institute proceedings to acquire\nfor the redevelopment corporation any real property in the development\narea. Such petition shall be granted or rejected by the local\nlegislative body, or if there is a board of estimate in the city then by\nthe board of estimate, and the resolution or resolutions granting such\npetition shall contain a requirement that the redevelopment corporation\nshall pay to the city all sums expended or required to be expended by\nthe city in the acquisition of such real property, and the time of\npayment and manner of securing payment thereof, and may require that the\ncity shall receive, before proceeding with the acquisition of such real\nproperty, such assurances as to payment or reimbursement by the\nredevelopment corporation, or otherwise, as the city may deem advisable.\nUpon the passage of a resolution or resolutions by the local legislative\nbody or the board of estimate, as the case may be, granting the\npetition, the redevelopment corporation shall cause to be made three\ncopies of surveys or maps of the real property described in the\npetition, one of which shall be filed in the office of the redevelopment\ncorporation, one in the office of the corporation counsel or chief law\nofficer of the city, and one in the office in which instruments\naffecting real property in the county are recorded. The filing of such\ncopies of surveys or maps shall constitute the acceptance by the\nredevelopment corporation of the terms and conditions contained in such\nresolution or resolutions. The city shall proceed under any provision of\nany general, special or local law applicable to the condemnation of real\nproperty for public improvements. When title to the real property shall\nhave vested in the city, it shall convey the same to the redevelopment\ncorporation upon payment by the redevelopment corporation of the sums\nand the giving of the security required by the resolution granting the\npetition. As soon as title shall have vested in the city, the\nredevelopment corporation may, upon the authorization of the chief\nexecutive officer of the city, enter upon the real property taken, take\nover and dispose of existing improvements, and carry out the terms of\nthe development plan with respect thereto.\n 4. The following provisions shall apply to any proceedings for the\nassessment of compensation and damages for real property in a\ndevelopment area taken or to be taken by condemnation by or for a\nredevelopment corporation:\n (a) At any stage of the proceeding, the court may require such prior\nnotice to be given of an intention to introduce evidence as to the sale,\noption, leasing or tenancy of real property other than the real property\ndirectly involved in the proceeding and of particulars relating thereto\nas it may deem necessary to prevent surprise.\n (b) The deposition of any person, whether or not a party, may be taken\nin the manner provided by article thirty-one of the civil practice law\nand rules, and the provisions of this section. Such deposition may be\ntaken upon any question or issue in the proceeding, including the facts\nas to any sale, option, lease or tenancy admissible in evidence pursuant\nto subdivision four hereof. The deposition may be taken at the instance\nof the redevelopment corporation, the city, or of any owner, or at the\ndirection of the court, at any time during the pendency of the action or\nproceeding. At least five days' notice, or if service is through the\nmails, at least eight days' notice, shall be given of the taking of the\ntestimony, if on the part of an owner, to the redevelopment corporation\nor city, as the case may be, and to all other owners who have appeared\nin the proceeding; if by the redevelopment corporation or a city, to all\nowners who have appeared in the proceeding.\n (c) For the purposes of this article, the award of compensation shall\nnot be increased by reason of any increase in the value of the real\nproperty caused by the assembly, clearance or reconstruction, or\nproposed assembly, clearance or reconstruction for the purposes of this\narticle of the real property in the development area. No allowance shall\nbe made for improvements begun on real property after notice to the\nowner of such property of the institution of the proceedings to condemn\nsuch property.\n (d) 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 (e) If any of the real property in the development area which is to be\nacquired by condemnation has, prior to such acquisition, been devoted to\nanother public use, it may nevertheless be acquired provided that no\nreal property belonging to the city or to any other governmental body,\nor agency or instrumentality thereof, corporate or otherwise, may be\nacquired without its consent. No real property belonging to a public\nutility corporation may be acquired without the approval of the\ncommission or other officer or tribunal having regulatory power over\nsuch corporation.\n (f) 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 (g) 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 real property for tax purposes, shall\nbe relevant, material and competent upon the issue of value of damage\nand shall be admissible on direct examination.\n (h) The term "owner," as used in this section two hundred sixteen,\nshall include a person having an estate, interest or easement in the\nreal property to be acquired or a lien, charge or encumbrance thereon.\n