NY Env Conserv L § 56-0508 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 5 - Environmental Restoration Projects 56-0508 - Foreclosure of a Tax Lien.

§ 56-0508. Foreclosure of a tax lien.Notwithstanding  any general, special or local law or ordinance to the   contrary:1. upon the commencement of a proceeding to foreclose a tax lien,  the   taxing  district  bringing  the  proceeding or any taxing district other   than the one foreclosing the tax  lien,  having  any  right,  title,  or   interest  in,  or  lien  upon,  any  parcel described in the petition of   foreclosure may upon twenty days notice to all parties having any right,   title, or interest in, or lien upon such parcel, move, at a special term   in the court in which the foreclosure proceeding  was  brought,  for  an   order granting such taxing district the temporary incidents of ownership   of  such  parcel  for  the  sole  purpose  of  entering  the  parcel and   conducting an environmental restoration investigation project upon  such   parcel.2.  unless  prior to the return date of the motion brought pursuant to   this section the parcel has been redeemed by a party having the right of   redemption, the court shall enter an order granting such relief to  such   taxing  district,  or, if more than one taxing district applies for such   right, to the  taxing  district  which  the  court  determines  has  the   greatest  public  interest,  but, where possible and proper, preferences   for such relief should be accorded first to cities and villages,  second   to  towns,  and third to counties. Such order shall be granted upon such   terms and conditions as the court shall deem just and proper  to  permit   the  environmental  investigation  to  go  on  unhindered  as well as to   protect the interests of all other parties having  a  right,  title,  or   interest  in  such  parcel.  Such  order  shall  act  as  a  stay to the   foreclosure action on such parcel until  the  environmental  restoration   investigation  project  has  been  completed and the final investigation   report filed with the court pursuant to subdivision four of this section   or such other time as the court may deem proper, and particularly upon a   finding by the court that the investigation has not been carried out  in   an expeditious manner.3. such temporary incidents of ownership by such taxing district shall   also  qualify  it as being the owner of such property to be eligible for   funding from the state of New York for  such  environmental  restoration   investigation  project  under  this article or for such funding from any   source pursuant to any other state, federal,  or  local  law,  but  such   incidents  of  ownership  shall  not  be sufficient to qualify it as the   owner of such  property  for  the  purposes  of  holding  it  wholly  or   partially  liable  for  any  damages,  past, present, or future from any   release of any hazardous material, substance, or  contaminant  into  the   air,  ground,  or  water,  unless such release was caused by such taxing   district.4.  within  thirty  days  of  the  completion  of  the   environmental   restoration   investigation  project  and  the  receipt  by  the  taxing   jurisdiction of the final report  of  such  investigation,  such  taxing   jurisdiction  shall  file  such  report  with the court on notice to the   court and all other parties of record, and the stay of  the  foreclosure   shall  be lifted (unless lifted earlier by a prior court order), and all   incidents of temporary ownership of the  taxing  jurisdiction  that  was   awarded  such  taxing  district,  except any right for the environmental   restoration investigation project to be funded, shall  cease  to  exist,   and  nothing  in this subdivision shall preclude the taxing jurisdiction   that conducted the environmental restoration  investigation  project  or   the  taxing jurisdiction that commenced the foreclosure action, if it is   a different taxing  jurisdiction  than  the  taxing  jurisdiction  which   conducted   the   investigation,   from   withdrawing  the  parcel  from    foreclosure pursuant to section eleven hundred thirty-eight of the  real   property tax law.5.   all   costs   associated   with   any  environmental  restoration   investigation project  conducted  pursuant  to  the  authority  of  this   section  shall  be  added to the taxes owed to, and the tax lien of, the   taxing   district   that   undertook   the   environmental   restoration   investigation project pursuant to this section.