NY Em Dom Pro L § 402 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 4 - Vesting; Possession; Abandonment 402 - Filing of Acquisition Maps; Vesting.

§  402.  Filing  of acquisition maps; vesting. (A) In all acquisitions under the court of claims jurisdiction provided in  subdivision  (A)  of section  five hundred one herein, prior to acquiring property, the state of New York, within the time prescribed by section four hundred  one  of this law, shall:  (1) file in the main office of the agency, department, or authority or public  benefit corporation for which the acquisition is being made, the original tracing of the acquisition  map  or  a  microfilm  or  computer digitized  copy  of  the  original  acquisition map of any real property which it deems necessary for purposes connected with a  proposed  public project,  indicating  and  describing  in  each  instance the particular easement, interest or right, in  the  real  property  that  is  acquired including metes and bounds or section, block and lot numbers; and  (2) notify condemnees by first class mail that the condemning party is now  taking  steps  to  acquire such property, thereupon, subject to the provisions of this law, the people of  the  state  of  New  York,  their officers  and  agents  may immediately enter upon and take possession of the real property so described for any and all purposes  connected  with the proposed public project; and  (3) file a certified copy of such acquisition map in the office of the county  clerk  or  register of each county in which such property or any portion thereof is situated,  and  thereupon,  the  acquisition  of  the property  by  the  state, described in such map shall be deemed complete and title to such property shall be vested in the state.  (4) if the condemnor deems it necessary  to  acquire  immediately  any property  which  is  in  the bed or beds of any streams, lakes, streets, roads, highways, or rights  of  way  for  purposes  connected  with  the proposed  public  project,  it  shall  cause  to be prepared an accurate description and map of such property, indicating and describing in  each case the particular easement, interest or right. On the approval of such description  and  map  by the condemnor, it may proceed to vest title in such property, easements, interests or  rights  by  acquisition  in  the manner  hereinafter  provided. Such description and the original tracing of such map or a microfilm or computer digitized copy  of  the  original tracing  shall be filed in the office of the condemnor. On the filing of such description and map in the office of the condemnor, the  people  of the  state,  their  officers  and agents, may immediately enter upon and take possession of the property so described for any  and  all  purposes connected  with  the  proposed  public project. A certified copy of such description and map shall be filed by the condemnor in the office of the county clerk or register of  each  county  in  which  such  property  is situated  and  thereupon  the  acquisition  by the state of the property described in such description and map shall be deemed complete, and  the title to such property shall vest in the people of the state.   Upon the completion of the filing in the office of the county clerk or register as aforesaid, the condemnor shall cause a notice of such filing of  the  description  and  map,  together  with  a  description  of such property, to be published at least once in  a  newspaper  published  and having  general  circulation  in  each  county  where  such  property is situated. Claims for the value of the property acquired  and  for  legal damages  caused by any such acquisition may be adjusted by the condemnor in the manner provided by law notwithstanding  that  a  claim  has  been filed  with  the court of claims, and in all cases where claims for such damages have been agreed upon or an award has been made by the court  of claims,  the claimant shall submit to the attorney general such proof of title to the property so  acquired  as  shall  be  satisfactory  to  the attorney  general.  All other statutory provisions relating to claims on  account of such acquisition shall apply to claims which may arise  under this subdivision with the same force and effect.  (B)  In  all acquisitions under supreme court jurisdiction provided in subdivision (B) of section five hundred one herein, the condemnor, prior to filing an acquisition map within the time prescribed by section  four hundred  one,  shall  obtain  an  order to acquire such property and for permission to file such map by presentation of a  verified  petition  to the supreme court in the judicial district where the real property to be acquired  or  any  part  thereof,  is  situated,  in accordance with the following procedure:  (1) The condemnor shall cause to be filed in the office of  the  clerk of  each  county  where  the  real  property  to be acquired or any part thereof is situated, a notice of the pendency of such  proceeding.  Such notice  shall  briefly  state  the  object  of  the proceeding and shall contain a general description by metes and bounds or by  section,  block and  lot  number  of  the real property to be acquired thereby. It shall also state the names of such of the  reputed  condemnees  of  such  real property  as  may  be  known  to  the  condemnor, and in case any of the condemnees are unknown, a statement to that effect shall be made in such notice.  (2) The condemnor shall, at least twenty days prior to the return date of the petition, serve a notice of the time, place  and  object  of  the proceeding  upon  the owner of record of the property to be acquired, as the same appears from the record of the office in which the  acquisition map  is to be filed. Said notice shall contain a copy of that portion of the proposed acquisition map affecting  the  owner's  property.  Service shall  be  made  pursuant  to  the  civil  practice  law and rules or by registered or certified mail, return receipt requested.  If  service  is made  by  mail  it shall be sent to the last known address of the owner, and the following provisions shall also apply:  (a) At least ten but not more than thirty days before the return  date of  the  application, the condemnor shall also cause a copy of a diagram or representation of the acquisition map showing the  perimeters  to  be acquired  and  a notice generally describing the property to be acquired by metes and bounds  or  by  section,  block  and  lot  numbers,  to  be advertised  by  publishing  in  at  least  ten  successive  issues of an official newspaper if there is one designated in the locality where  the property  is  situated,  and  in  at  least  ten  successive issues of a newspaper of general circulation  in  such  locality.  If  the  official newspaper  is  one  of general circulation in such locality, publication therein as specified shall be deemed sufficient compliance. In the event that  the  only  newspaper  available  in  such  locality  is  a  weekly publication  the  above  described  notice  shall  be  published in such newspaper in at least three successive issues. Where the  condemnor  has conducted  an article two public hearing or when the condemnor is exempt from compliance with article two pursuant to section two hundred six the condemnor may dispense  with  the  requirement  of  publication  in  ten successive issues of a newspaper of general circulation.  (b) Where practicable, the condemnor shall cause copies of such notice in  the  form  of handbills to be posted for the same period in at least three  conspicuous  places,  upon  or  near  such  real  property.   The inadvertent  failure  to notify any condemnee, whether of record or not, will not invalidate any  proceedings  brought  hereunder  or  any  title acquired by the condemnor under this law.  (3) The condemnor shall present to the court a petition verified by an authorized officer of the condemnor setting forth:  (a)  a statement providing either the compliance with the requirements of article two  of  this  law,  including  a  copy  of  the  condemnor's  determination  and  findings  or  a  statement  providing  the  basis of exemption from article two;  (b)  a  copy of the proposed acquisition map to be filed and the names and places of  residence  of  the  condemnees  of  the  property  to  be acquired;  (c)  a  description  of  the  real  property  to  be  acquired and its location, either by metes and  bounds  of  each  individual  parcel,  or section,  block  and lot number, and by reference to the acquisition map and notice of pendency attached to the petition;  (d) the public use, benefit or  purpose  for  which  the  property  is required;  (e)  a request that the court direct entry of an order authorizing the filing of the acquisition map in the office of  the  appropriate  county clerk  or  register  and  that upon such filing, title shall vest in the condemnor;  (f) if a  non-governmental  condemnor  subject  to  the  jurisdiction, supervision  and  regulation  of  the  public  service commission or the commissioner of transportation, it shall include  in  its  petition  for acquisition, notice that it shall deposit a bond or undertaking with the clerk  of  the  court  prior  to  vesting  of title to the real property described in such petition in an amount to be fixed by the court on  the return  date  of  the  petition. The court shall direct that the bond or undertaking will be applied in the amount necessary, for any default  by the condemnor in the payment of all or part of the damages determined in the acquisition proceeding or the abandonment thereof.   The  requirement for a bond or undertaking under this subdivision, may be waived by stipulation of the parties.  If  the  amount  deposited  is insufficient to pay such damages and all costs and expenses awarded to a condemnee,  judgment  shall  be  entered  against  the condemnor for the deficiency, to be enforced  and  collected  in  the  same  manner  as  a judgment in the supreme court;  (g)  if  the  property  is  to be used for the construction of a major utility transmission facility, as defined in section one hundred  twenty of  the  public service law, or major steam electric generating facility as defined in section one hundred forty of  such  law  with  respect  to which  a  certificate of environmental compatibility and public need has been issued under such law, a statement that such  certificate  relating to such property has been issued and is in force.  (4)  Upon  the  presentation  of the petition and notice with proof of service thereof, a condemnee may appear and interpose a verified answer, which must contain specific denial of each material  allegation  of  the petition  controverted  by  him,  or  of  any  knowledge  or information thereof, sufficient to form a belief,  or  a  statement  of  new  matter constituting a defense to the proceeding.  (5)  At  the time and place mentioned in such notice, unless the court shall adjourn the application to a subsequent date, and in that event at the time and place to which the same may be adjourned, upon due proof of service of notice and upon filing of such  petition  and  proof  to  its satisfaction that the procedural requirements of this law have been met, the  court  shall  direct  the  immediate  filing and entry of the order granting the petition, which order the condemnor shall  file  and  enter together  with  the  acquisition  map  and  the  bond  or undertaking if required, in the office of the county clerk or register in  each  county in  which  the  real  property or any part thereof is situated. Upon the filing of the order and the acquisition  map,  the  acquisition  of  the property  in such map shall be complete and title to such property shall then be vested in the condemnor.  (6) When it appears to the satisfaction of the court at any  stage  of the  proceedings, that the public interests will be prejudiced by delay, it may direct that the condemnor be permitted to enter immediately  upon the  real  property to be taken, and devote it temporarily to the public use  specified in the petition, upon the deposit with the court of a sum to be fixed by the court upon a notice to the parties of not  less  than eight  days, and such sum when so fixed and deposited, shall be applied, so far as it may be necessary for that purpose, to the  payment  of  any award  that may be made with interest thereon from the date of the entry of the condemnor upon such real property, and the costs and expenses  of the  proceeding, and the residue, if any, returned to the condemnor and, in case the petition should be dismissed, or no award should be made, or the proceedings should be abandoned by the condemnor,  the  court  shall direct that the money so deposited, so far as it may be necessary, shall be  applied  to  the  payment  of any damages which a condemnee may have sustained by such entry upon and use of his property, and his costs  and expenses  of  the  proceedings,  such  damages  to be ascertained by the court, and if the sum so deposited shall be  insufficient  to  pay  such damages,  and  all  costs  and  expenses  awarded to the property owner, judgment shall be entered against the condemnor for the  deficiency,  to be  enforced  and  collected in the same manner as a judgment in supreme court; and the possession of the property shall be restored.