§ 10 — Acquisition of real property

New York § 10

• Jurisdiction: New York
• Law UDR: Urban development research corporation act 173/68

Text

§ 10. Acquisition of real property. (1) Real property may be acquired\nby the corporation or by a subsidiary, or by a municipality for the\ncorporation or a subsidiary, by gift, grant, devise, purchase,\ncondemnation or otherwise.\n (2) The corporation or a subsidiary, electing to acquire real property\nthrough acquisition, may petition the municipality to institute\nproceedings pursuant to the provisions of the eminent domain procedure\nlaw, to acquire property described in the petition for a project. The\nresolution granting the petition shall set forth the amount to be paid\nby the corporation or subsidiary to the municipality for such property\nor, in lieu thereof, that the corporation or subsidiary shall pay to the\nmunicipality all sums expended or required to be expended by the\nmunicipality in the acquisition thereof, and the time of payment and\nmanner of securing payment thereof, and may require that the\nmunicipality shall receive, before proceeding with the acquisition of\nsuch property, such assurances as to payment or reimbursement by the\ncorporation or subsidiary or otherwise as the municipality may deem\nadvisable. Upon the passage of a resolution by the local governing body\nof the municipality granting the petition, the corporation or subsidiary\nshall cause two copies of surveys or maps of the property described in\nthe petition to be made, one of which shall be filed in the office of\nthe corporation or subsidiary, one in the office of the corporation\ncounsel or chief law officer of the municipality. The filing of such\ncopies of surveys or maps shall be conclusive evidence of the acceptance\nby the corporation or subsidiary of the terms and conditions of such\nresolution. When title to the property shall have vested in the\nmunicipality, it shall convey the same to the corporation or subsidiary\nupon payment by the corporation or subsidiary of the sums or the giving\nof the security required by the resolution granting the petition. As\nsoon as title shall have vested in the municipality, the corporation or\nsubsidiary may, upon the authorization of the chief executive officer,\nenter upon the property taken, take over and dispose of existing\nimprovements, and carry out the terms of the project with respect\nthereto. Whenever in connection with such proceedings, requirement is\nmade in any applicable general, special or local law for the performance\nof an act by a department or officer of the municipality, it shall be\nregarded for the purposes of this section as compliance therewith if\nwith the approval of the chief executive officer such act is performed\nby the corporation or subsidiary or by persons specially designated by\nit.\n (3) In any proceedings for the assessment of compensation and damages\nfor property taken or to be taken by condemnation by or for the\ncorporation or subsidiary, the following provisions shall be applicable:\n (a) Evidence of the price and other terms upon any sale or the rent\nreceived or reserved, whichever is less, and other terms upon any\noption, lease or tenancy relating to any of the property taken or to be\ntaken or to any similar property in the vicinity when the option, sale\nor lease was given, occurred or the tenancy existed, within a reasonable\ntime of the trial, shall be admissible on direct examination. At any\nstage of the proceedings, the court or tribunal may require such prior\nnotice to be given of an intention to introduce evidence as to the sale,\noption, leasing or tenancy of property other than the property directly\ninvolved in the proceeding and of particulars relating thereto as it may\ndeem 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 this subdivision. The deposition may be taken at the instance of the\ncorporation or subsidiary, the municipality 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 shall be given of the taking of\nthe testimony, if on the part of an owner, to the corporation or\nsubsidiary and to all other owners who have appeared in the proceeding;\nif by the corporation or subsidiary or a municipality, to all owners who\nhave appeared in the proceeding.\n (c) Any time during pendency of such action or proceedings the\ncorporation or subsidiary, municipality or an owner may apply to the\ncourt for an order directing an owner or the corporation or subsidiary\nor the municipality as the case may be, to show cause why further\nproceedings should not be expedited, and the court may upon such\napplication make an order requiring that hearings proceed and that any\nother steps be taken with all possible expedition.\n (d) For the purposes of this act, the award of compensation shall not\nbe increased by reason of any increase in the value of the property\ncaused by the clearance, reconstruction or proposed clearance or\nreconstruction of the property or of the area in which the property is\nsituated. No allowance shall be made for improvements begun on property\nafter notice to the owner of such property of the institution of the\nproceedings to condemn such property.\n (e) 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 (f) If any of the property included within the project is devoted to a\npublic use, it may nevertheless be acquired provided that no property\nbelonging to the municipality or to any government may be acquired\nwithout its consent, and no property belonging to a public utility\ncorporation may be acquired without the approval of the commission or\nother officer or tribunal having regulatory power over such corporation.\n (g) 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 (h) 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 property for tax purposes, shall be\nrelevant, material and competent upon the issue of value or damage and\nshall be admissible on direct examination.\n (4) A municipality may take private property for the corporation or\nsubsidiary for the purposes provided by this act and for recreational\nand other facilities incidental or appurtenant thereto, but in excess of\nthat required for public use after such purposes have been accomplished.\nA municipality or the corporation or subsidiary may improve and utilize\nsuch excess property or may leave or sell such excess property with\nrestrictions to preserve and protect the project or projects.\nProceedings to acquire such excess property may be brought by the\nmunicipality for the corporation or subsidiary in the same manner as for\nreal property required for the project and may be included in the\nproceedings for the acquisition of real property required for the\nproject.\n (5) (a) The local governing body of a municipality, by resolution, may\ndetermine that real property of the municipality, specified and\ndescribed in such resolution is not required for use by the municipality\nand may authorize the municipality to sell or lease such real property\nto the corporation or subsidiary.\n (b) Notwithstanding the provisions of any general, special or local\nlaw or ordinance, such sale or lease may be made without appraisal,\npublic notice or public bidding for such price or rental and upon such\nterms (and, in case of a lease, for such term not exceeding fifty years\nwith a right to one renewal term of thirty years) as may be agreed upon\nbetween the municipality and the corporation or subsidiary.\n (c) Before any sale or lease to the corporation or subsidiary shall be\nauthorized, a public hearing shall be held by the local governing body\nto consider the proposed sale or lease.\n (d) Notice of such hearing shall be published at least ten days before\nthe date set for the hearing in such publication and in such manner as\nmay be designated by the local governing body.\n (e) The deed or lease of such property shall be executed in the same\nmanner as a deed or lease by the municipality for other real property\nand shall contain appropriate conditions and provisions to enable the\nmunicipality to re-enter the property in the event of a violation by the\ncorporation or subsidiary of any of the provisions of this act relating\nto the corporation or subsidiary or of the conditions or provisions of\nsuch deed or lease.\n (f) The corporation or subsidiary purchasing or leasing land from a\nmunicipality shall not, without the written approval of the\nmunicipality, use such land for any purpose except in connection with a\nproject approved under this act. The deed shall contain a condition that\nthe corporation or subsidiary will devote the land granted only for the\npurposes of a project, subject to the restrictions of this act for\nbreach of which the municipality shall have the right to re-enter and\nrepossess itself of the land.\n