§ 1804 — Contents of petition

New York § 1804

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 18: Special Proceeding For Release of Claim Against State of Infant or Incompetent For Appropriation of Real Property

Text

§ 1804. Contents of petition. The petition shall state: 1. The name\nand residence of the petitioner, the facts concerning his appointment\nand qualification as a person by whom the proceeding is maintainable,\nand a statement as to the amount of any existing undertaking given by\nhim in such capacity then in force and effect, whether or not any such\nexisting undertaking includes the value of the property appropriated. If\nan undertaking had been dispensed with by the surrogate in any case\nwhere such property was derived by the infant through his father or\nmother under the instrument by which a guardian was appointed, such fact\nshall be disclosed to the court.\n 2. The name, age and residence of the infant, incompetent or\nconservatee.\n 3. The particulars with regard to such appropriation, including the\nnature and extent of the property appropriated and a description.\n If a survey map has been filed in the appropriation proceeding, a copy\nof such a map shall be attached to and made part of the petition.\n 4. The nature and extent of the property, if any, entered upon, used,\noccupied or injured by the state prior to completion of such\nappropriation.\n 5. The amount offered by the state in full compensation.\n 6. The facts in relation to the value of the interest to be released.\n 7. Whether any previous application has been made, and, if so, the\ntime and disposition.\n 8. Where the value of the claim does not exceed one thousand dollars,\nthat either the petitioner or a competent, disinterested person\nacquainted with the facts, whose affidavit is made a part of the\npetition, has made a careful investigation of the facts relating to the\noffer, and that as a result of such investigation he has found and\nverily believes that the amount of compensation so offered by the state,\nfor the interest or undivided interest of said infant, incompetent\nperson, or conservatee represents the fair market value of the property\nappropriated and just compensation therefor and for the legal damages\ncaused by such appropriation, and the damages, if any, sustained by the\nentry upon, use or occupation of, or injury to such property by the\nstate prior to completion of appropriation. In any case involving an\ninfant of the age of fourteen years or upwards or a conservatee, his\nwritten consent to the acceptance in his behalf of the amount so offered\nshall accompany the petition, unless the aforesaid infant is classed in\nthe petition as an incompetent person, in which event such consent shall\nnot be required.\n