N.Y. RPA Law § 1616 — New York Code / Act RPA / Article 16 / Section 1616
Application to compensation arising out of appropriation of real property by the state
Status: in_force

§ 1616. Application to compensation arising out of appropriation of\nreal property by the state. 1. The procedure authorized by sections 1601\nthrough 1614 as to a sale of real property, covering all created\ninterests as mentioned therein and qualified in section 1615, shall, so\nfar as practicable, apply also to an application concerning payment of\ncompensation arising out of any appropriation by the state of real\nproperty or of any interest therein, for public purpose, in the same\nmanner that such procedure would apply, but for such appropriation, to\nan application thereunder for an order directing that the real property\nin question, or a part thereof, be sold.\n  2. For the purpose, however, of the relief sought under the provisions\nof this section, all references in this and in any of the above\nenumerated sections to a trustee or a trust shall be construed as\nrelating only to a trust estate created by an instrument other than a\nwill and under which the trustee has no valid power of sale over the\nsubject property. Where, however, a valid power of sale is given the\ntrustee under such instrument, he is hereby authorized to execute the\ntransaction in the same manner a testamentary trustee may do under\nsection two hundred fifty-c of the surrogate's court act, and which\nexecution, including all releases given thereunder by such\nnontestamentary trustee, shall in similar scope be binding and\nconclusive on all persons and interests as covered thereby in said last\nmentioned section.\n  3. In the case of any such appropriation where relief is sought under\nthis section, the relevant proof to be taken and the hearing and\nexamination to be had before final order under the provisions of section\n1609 shall be as to whether the compensation offered by the state, or\nany agency or department thereof, by way of a provisionally executed\nagreement of adjustment or otherwise, for the total value of such\nappropriated property or interest and of all legal damages caused by\nsuch appropriation, represents the fair market value of such property or\ninterest and just compensation therefor and for all legal damages caused\nby such appropriation, including the damages, if any, sustained by the\nentry upon, use or occupation of, or injury to, said property by the\nstate prior to completion of appropriation. If the court is satisfied as\nto the adequacy of said offer, it shall, in the final order in the\nproceeding, authorize the applicant if acting as trustee, and, if not,\nthen a referee to be appointed thereunder to execute the authorized\ntransaction, to enter into or adopt any such agreement of adjustment\nwith, and in form submitted by, the state or any agency or department\nthereof for the total compensation so offered; and on report under oath\nto the court by such trustee or referee of any such agreement of\nadjustment so undertaken by either of them, if it appears to the court\nto conform in all particulars to the final order authorizing the\ntransaction, an order shall be made approving and confirming such\nagreement of adjustment and directing such trustee or referee, upon\nconsummation thereof, in behalf of all persons in interest as to the\nproperty affected by said appropriation, or as to the proceeds to be\nderived therefrom in said transaction, who shall have become bound by\nsaid proceeding under the provisions of section 1614 to execute and\ndeliver to the state and/or any agency or department thereof, a release\nof all claims on the part of such persons in interest with respect to\nthe total compensation offered as aforementioned, together with any and\nall other documents and instruments which may be required by the state\nor any agency or department thereof to give full effect to such release,\nand which release and attendant documents and instruments shall, upon\nsuch execution and delivery thereof, become and remain binding and\nconclusive on all of the aforesaid persons in interest.\n  4. Said order of confirmation shall, in the discretion of the court,\nprovide for payment out of said total compensation of reasonable\ndisbursements and of such allowances as to the court may seem proper, in\nthe manner and respectively to the participants and persons mentioned in\nsection 1613, and shall also authorize said trustee or referee to\nreceive the net proceeds therefrom after such payment and to apply,\nsafeguard, manage and distribute said remaining fund as directed in said\norder of confirmation and in accordance with the relevant provisions of\nsection 1613.\n