§ 51 — Proceedings for acquiring title

§ 51. Proceedings for acquiring title. 1. Whenever the United States\nis desirous of purchasing or acquiring the title to or any interest any\ntract, piece or parcel of land within the boundaries of this state,\nexcept within the Adirondack park as defined by section 9-0101 of the\nenvironmental conservation law, where a special act of the legislature\nshall be required, for any of the purposes aforesaid, and cannot agree\nwith the owner or owners thereof as to the purchase thereof, or if the\nowners of any of said lands are unknown, persons under the age of\neighteen years, of unsound mind, or non-residents, or if for any other\nreason a perfect title can not be made to said lands, or any part\nthereof, the United States, by any agent authorized under the hand and\nseal of any head of an executive department of the government of the\nUnited States, is authorized to apply to the supreme court of the state,\nin and for the county within which the said lands are situated, or to\nthe district court of the United States in the judicial district in\nwhich said lands are situated, to have the said lands acquired pursuant\nto the provisions of the eminent domain procedure law, for the use and\nbenefit of the United States.\n 2. At any time during the existence of a state of war between the\nUnited States and any foreign power, or during the existence of a\nnational emergency or limited national emergency involving the defense\nof the United States as proclaimed by the president of the United\nStates, the United States may, by any agent duly authorized under the\nhand and seal of any head of an executive department of the government\nof the United States, for the purpose described in section fifty of this\nact, select, locate, enter upon and acquire any rights, easements or\ninterest in property, either in fee or for the term of one year or\nlonger, within this state. This shall include lands owned by the state\nof New York, the provisions of any other statute to the contrary\nnotwithstanding, except those the alienation of which is prohibited by\nthe constitution of the state of New York. Said agent shall from time to\ntime cause to be made, accurate maps of such lands which, or rights and\neasements in which, he shall determine to take, which maps shall be\ncertified by him and shall specify with respect to each parcel of land\nwhether the whole title thereof is to be taken and if the whole is not\nto be taken, the rights, easements or interests therein and for what\nperiod of time, that the same is taken. Said maps shall also show the\nnames of the reputed owners of such lands and shall contain a\ndescription of the lands to be acquired and shall be filed in the office\nof the secretary of state and a duplicate thereof shall be filed in the\noffice of the clerk or register of the county wherein said lands are\nsituated. Said agent shall thereupon serve upon the owners of any real\nproperty so acquired a notice of the filing and date of filing of such\nmaps, which notice shall specifically describe that portion of the\nproperty belonging to such owners which has been so acquired and what\nestate therein has been taken. If said agent shall not be able to serve\nsuch notice upon the owner personally within this state after making\nefforts so to do which in his judgment are under the circumstances\ndeemed reasonable and proper, he may serve the same by filing with the\nclerk or register of the county wherein said lands are situated. From\nthe time of the service of such notice, the entry upon and the\nacquisition by the United States of said estate in the property\ndescribed for any of the purposes above mentioned shall be deemed\ncomplete and thereupon such property or said limited estate or interest\ntherein so taken shall become the property of the United States. Such\nnotice so served shall be conclusive evidence of an entry and\nacquisition by the United States. Said agent may cause a copy of such\nnotice or notices with an affidavit or affidavits of due service thereof\non such owner or on the county clerk or register as the case may be, to\nbe recorded in the books used for recording deeds in the office of the\nclerk or register of the county in which such lands are situated and\nsuch records shall be evidence of the due service thereof and of the\ntitle of the United States to the property so acquired. Said agent shall\nhave the power after the filing of such map and service of such notice\nto fix and determine with each and any of the respective owners of such\nlands upon the fair value thereof and may agree upon a price to be paid\ntherefor by the United States and accepted by such owners respectively.\nIn case such agent shall not agree with any owner or owners of such\nlands so acquired, then said agent shall proceed forthwith to determine\nthe amount of compensation to be paid for the property so taken and\nacquired by a proceeding taken under the provisions of this act and the\neminent domain procedure law. Said proceeding for the purpose of\ndetermining such compensation shall be instituted and maintained in the\nname of the United States of America. No petition shall be necessary to\ninstitute such proceeding and the supreme court shall upon application\nof the United States and on ten days' notice to the owners of the\nproperty or, if they be unknown, to the county clerk, determine the\ncompensation which ought justly to be made to the owners of the land or\nrights therein as provided in the eminent domain procedure law. The\ncompensation awarded by the supreme court shall be paid by the United\nStates. The eminent domain procedure law shall apply to all proceedings\nhereunder except in so far as the provisions of this act are\ninconsistent therewith.\n 3. The people of the state of New York may at any time be joined as\nparty defendant in any proceeding instituted for the acquisition of any\nlands for any of the purposes aforesaid in which the people of this\nstate have or may have any right, title or interest, and any awards\nwhich may be made to the people of the state of New York shall be paid\ninto the state treasury.\n