NY Ment Hygiene L § 71.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 71 - Acquisition of Real Property 71.01 - Acquisition of Real Property.

§ 71.01 Acquisition of real property.  (a)  The  head of each office of the department, as defined in section 5.03 of this chapter, when an appropriation therefor has  been  made  by the legislature, may acquire, for and on behalf of the health and mental hygiene  facilities  improvement corporation, any real property which he may deem necessary for the purpose of a state institution, or  for  that office  or  division  of  the  department  of  which  he is the head, by purchase or pursuant to the eminent domain procedure law, the  title  to which  shall  be taken in the name of and be vested in the people of the state of New York; provided, however, that no real property shall be  so acquired  by  purchase unless the title thereto shall be approved by the attorney general.  (b) Whenever real property is to be acquired pursuant to  the  eminent domain  procedure law, the commissioner of mental hygiene shall cause to be made by the office of general services an accurate  acquisition  map. With  respect to any real property or any easement to be so acquired for mental hygiene purposes, the commissioner of mental  hygiene  may  cause the  map, contemplated by this subdivision, and any changes, alterations or modifications in such map and description contemplated by subdivision (e) of this section, to be made by the office of  general  services  or, with  the  approval  of  the  director  of  the  budget,  by  a licensed professional engineer or a licensed land surveyor, and the  commissioner of  general  services  and  the  commissioner of mental hygiene may each authorize  the  health  and  mental   hygiene   facilities   improvement corporation to act as agent in making such map.  (c)  Whenever  real property is to be acquired pursuant to the eminent domain procedure law, the commissioner of mental hygiene shall cause  an accurate  map to be made by the state department of transportation. With respect to any real property or any  easement  to  be  so  acquired  for mental  hygiene  purposes,  the commissioner of mental hygiene may cause the map, contemplated by this subdivision, and any changes,  alterations or modifications in such map and description contemplated by subdivision (e)   of   this   section,  to  be  made  by  the  state  department  of transportation or, with the approval of the director of the budget, by a licensed professional engineer or a  licensed  land  surveyor,  and  the state  commissioner  of  transportation  and  the commissioner of mental hygiene may each authorize the  mental  hygiene  facilities  improvement fund to act as agent in making such map.  (d)  On  the  approval  of  such map by the commissioner, the original tracing of such map shall be filed in the main office of the  department pursuant to the provisions of the eminent domain procedure law.  (e)  If  the commissioner shall determine, prior to the filing of such map, in the office of the clerk or register of the county, that changes, alterations or modifications of such map as filed in the main office  of the  department  should  be  made,  he  or  she  shall,  subject  to the provisions of article two  of  the  eminent  domain  procedure  law,  if applicable,  direct  the preparation by the department of transportation of an  amended  map.  On  the  approval  of  such  amended  map  by  the commissioner, it shall be filed in the main office of the department and the  amended  map  shall  thereupon in all respects and for all purposes supersede the map previously filed.  (f) If the commissioner shall determine prior to the filing of a  copy of such acquisition map in the office of the county clerk or register as provided  in  section  four  hundred two of the eminent domain procedure law, that such map should be withdrawn, he or she may file a certificate of withdrawal in the offices of the department and of the department  of law.    Upon  the  filing  of such certificate of withdrawal, the map to  which it refers shall be cancelled and all rights thereunder shall cease and determine.  (g)  The  commissioner of mental hygiene shall deliver to the attorney general a copy of such acquisition map, whereupon it shall be  the  duty of  the  attorney  general  to advise and certify to the commissioner of mental hygiene the names of  the  owners  of  the  property,  easements, interests or rights described in the said acquisition map, including the owners  of  any  right,  title  or  interest  therein,  pursuant  to the requirements of  section  four  hundred  three  of  the  eminent  domain procedure law.  (h)  If,  at  or  after  the  vesting of title to such property in the people of the state of New York as provided for in  the  eminent  domain procedure  law,  the  commissioner  of  mental  hygiene  shall  deem  it necessary to cause the removal of an owner or  occupant  from  any  real property  so acquired, he may cause such owner or occupant to be removed therefrom by proceeding in accordance with section four hundred five  of the  eminent  domain procedure law.   The proceeding shall be brought in the name of the commissioner of mental hygiene as agent of the state and the attorney general shall represent the petitioner in the  proceedings. No execution shall issue for costs, if any, awarded against the state or the  commissioner of mental hygiene, but they shall be part of the costs of the acquisition of the real property and  be  paid  in  like  manner. Proceedings  may be brought separately against one or more of the owners or occupants of any such property, or  one  proceeding  may  be  brought against  all  or  several  of the owners or occupants of any or all such property within the territorial jurisdiction of the same court,  justice or  judge;  judgment  shall  be  made  for  immediate removal of persons defaulting in appearance or in answering, or withdrawing their  answers, if  any,  without  awaiting  the  trial  or decision of issues raised by contestants, if any.  (i) Upon making any agreement provided for in  section  three  hundred four  of  the  eminent  domain procedure law, the commissioner of mental hygiene  shall  deliver  to  the  comptroller  such  agreement   and   a certificate  stating  the  amount due such owner or owners thereunder on account of such appropriation of his or their property and  the  amounts so  fixed  shall  be  paid  out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition  of  such  real property, but not until there shall have been filed with the comptroller a  certificate  of  the  attorney  general showing the person or persons claiming the amount so agreed upon to be legally entitled thereto.  (j) Application for reimbursement of incidental expenses  as  provided in  section  seven hundred two of the eminent domain procedure law shall be made to the commissioner upon forms prescribed by him  and  shall  be accompanied  by  such  information  and evidence as the commissioner may require. Upon approval  of  such  application,  the  commissioner  shall deliver  a  copy  thereof to the comptroller together with a certificate stating the amount due thereof, and the amount so fixed  shall  be  paid out  of  the  state  treasury after audit by the comptroller from monies appropriated for the acquisition of property under this section.  (k) The commissioner, with the approval of the director of the budget, shall establish and may amend  rules  and  regulations  authorizing  the payment  of actual reasonable and necessary moving expenses of occupants of property acquired pursuant to this section or in hardship  cases  for the  advance  payment  of reasonable and necessary moving expenses. Such rules and  regulations  may  further  define  the  terms  used  in  this subdivision.    In  lieu  of such actual reasonable and necessary moving expenses, any such displaced owner or tenant of residential property may elect  to  accept  a  moving  expense  allowance,  plus  a   dislocation  allowance,  determined  in  accordance  with  a schedule prepared by the commissioner and made a part of such rules and regulations.  In lieu  of such actual reasonable and necessary moving expenses, any such displaced owner or tenant of commercial property who relocates or discontinues his business  or  farm  operation  may  elect  to  accept a fixed relocation payment in an amount equal to the average annual  net  earnings  of  the business  or  farm operation, or five thousand dollars, whichever is the lesser. In the case of a business,  no  such  fixed  relocation  payment shall  be  made  unless  the  commissioner finds and determines that the business cannot be relocated without a substantial loss of its  existing patronage,  and that the business is not part of a commercial enterprise having at least one other establishment, which is not being acquired  by the  state or the United States, which is engaged in the same or similar business.  Application for payment under this subdivision shall be  made to   the  commissioner  upon  forms  prescribed  by  him  and  shall  be accompanied by such information and evidence  as  the  commissioner  may require.  Upon  approval  of  such  application,  the commissioner shall deliver a copy thereof to the comptroller together  with  a  certificate stating the amount due thereunder, and the amount so fixed shall be paid out  of  the  state  treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section. As used in this subdivision "commercial property" shall include  property  owned by an individual, family, business concern (including the operation of a farm) and a non-profit organization.  (l)  Authorization  is  hereby  given  to  the  commissioner  to  make supplemental relocation payments, separately  computed  and  stated,  to displaced  owners  and tenants of residential property acquired pursuant to this section who are entitled thereto,  as  determined  by  him.  The commissioner,  with  the  approval  of  the  director of the budget, may establish  and  amend  rules  and   regulations   providing   for   such supplemental relocation payments. Such rules and regulations may further define  the  terms  used  in  this  subdivision. In the case of property acquired pursuant to  this  section  which  is  improved  by  a  single, two-family  or  three-family dwelling actually owned and occupied by the owner for not less than one year immediately prior to the initiation  of negotiations  for the acquisition of such property, such payment to such owner shall not exceed five thousand dollars.  Such payment shall be the amount, if any, which, when added to the acquisition payment equals  the average  price,  established  by  the  commissioner on a class, group or individual basis, required to obtain a comparable  replacement  dwelling that  is  decent,  safe and sanitary to accommodate the displaced owner. Such payment shall be made only to a displaced owner who  purchases  and occupies  a  dwelling within one year subsequent to the date on which he is required to move from the dwelling acquired pursuant to this section, except advance payment of such amount may be made in hardship cases.  In the  case  of  property  acquired pursuant to this section from which an individual or family,  not  otherwise  eligible  to  receive  a  payment pursuant  to other provisions of this subdivision, is displaced from any dwelling thereon which has been actually and lawfully occupied  by  such individual  or family for not less than ninety days immediately prior to the initiation of negotiations for the  acquisition  of  such  property, such  payment to such individual or family shall not exceed one thousand five hundred dollars.   Such  payment  shall  be  the  amount  which  is necessary  to  enable  such  individual or family to lease or rent for a period not to exceed two years, or to  make  the  down  payment  on  the purchase   of,   a  decent,  safe  and  sanitary  dwelling  adequate  to accommodate such individual or family.  Application  for  payment  under this subdivision shall be made to the commissioner upon forms prescribed  by  him and shall be accompanied by such information and evidence as the commissioner  may  require.  Upon  approval  of  such  application,  the commissioner  shall  deliver a copy thereof to the comptroller, together with  a certificate stating the amount due thereunder, and the amount so fixed shall be paid out  of  the  state  treasury  after  audit  by  the comptroller  from  moneys  appropriated  for the acquisition of property under this section.  (m) The owner of any real property so  acquired  may  present  to  the court  of  claims, pursuant to section five hundred three of the eminent domain procedure law a claim for the value of such property acquired and for legal damages caused by such acquisition, as provided by law for the filing of claims with the court of claims. Awards and judgments  of  the court of claims shall be paid in the same manner as awards and judgments of  that  court for the acquisition of lands generally and shall be paid out of the state treasury after audit by  the  comptroller  from  moneys appropriated for the acquisition of such real property.  (n)  If  the commissioner of mental hygiene shall determine subsequent to the acquisition of a temporary easement in any real property that the purposes  for  which  such  easement  right  was  acquired   have   been accomplished  and  that  the  exercise  of  such  easement  is no longer necessary, he shall make his  certificate  that  the  exercise  of  such easement  is  no  longer  necessary  and  that  such  easement  right is therefore terminated, released and  extinguished.  The  commissioner  of mental hygiene shall cause such certificate to be filed in the office of the  department of state and upon such filing all rights acquired by the state in such property shall cease and determine.  The  commissioner  of mental  hygiene  shall  cause a certified copy of such certificate as so filed in the office of the department of state to be mailed to the owner of the property affected, as certified by the attorney general,  if  the place  of  residence  of  such owner is known or can be ascertained by a reasonable effort and such commissioner of mental hygiene shall cause  a further  certified copy of such certificate to be filed in the office of the recording officer of each county in which the property  affected  or any  part  thereof  is situated. On the filing of such certified copy of such certificate with such recording officer, it shall be  his  duty  to record  the same in his office in the books used for recording deeds and to index the same against the name of the people of  the  state  of  New York as grantor.  (o)  If  moneys appropriated by the legislature for the acquisition of any real property under this  section  are  subject  to  repayment,  the comptroller  shall  annually  certify  to the trustees of the health and mental hygiene facilities improvement corporation on or before May first in every year, the costs of  acquisition  of  such  real  property  paid during  the  preceding  state  fiscal  year  and  the aggregate costs of acquisition of such real property paid during all preceding state fiscal years out of the state treasury from moneys so appropriated.