NY Pks, Rec & Hist Pres L § 3.19 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title B - Organization and General Powers, Functions and Duties of Office of Parks, Recreation and Historic Preservation Article 3 - Office of Parks, Recreation and Historic Preservation; Commissioner 3.19 - Acquisition of Property by Eminent Domain.

§  3.19  Acquisition  of  property  by eminent domain. 1. Whenever the commissioner deems it necessary to  acquire  property  pursuant  to  the eminent  domain  procedure  law,  he  shall cause to be made an accurate acquisition map as provided in said law. The acquisition  map  shall  be made  from an accurate survey of the property to be so acquired or in or to which any easement or estate less than full title is to  be  acquired specifying  the  particular  nature  and  extent  thereof,  except  that whenever a duly certified map or description of the  property,  easement or  estate  less  than  full  interest  to be acquired is available as a matter of public record, then in that event such map or description  may be  used  by  the  commissioner to prepare the acquisition map. Upon the approval of the acquisition map by  the  commissioner,  which  shall  be endorsed  thereon,  he shall acquire such property, easements, interests or rights in accordance  with  the  provisions  of  the  eminent  domain procedure law.   2.  If  the  commissioner  shall determine, prior to the filing of the acquisition map in the office of the clerk or register of the county, as provided in the eminent domain procedure law, that changes,  alterations or  modifications  of such map as filed in the office should be made, he or she shall direct the preparation of a new map or direct that  changes be  made on the original tracing of such map, with a notation indicating such changes. Upon approval of such amended map by the commissioner,  it shall  be  filed  in  the  main office of parks, recreation and historic preservation as the original map was filed and  the  amended  map  shall thereupon  in  all  respects  and  for  all  purposes  supersede the map previously filed.   3. If the commissioner shall determine, prior to the filing of a  copy of  the acquisition map in the office of the county clerk or register as provided in the eminent domain procedure law, that such  map  should  be withdrawn,  he  or  she  shall  file  a certificate of withdrawal in the office and department of law.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.   5. If, at or after the vesting of title to such property in the people of  the  state  of New York in the manner provided in the eminent domain procedure law, the commissioner shall deem it  necessary  to  cause  the removal  of  an owner or other occupant from such property, he may cause such owner or other occupant to be removed therefrom  by  proceeding  in accordance  with  section four hundred five of said law.  The proceeding shall be brought in the name of the commissioner as agent of the  state. If any person proceeded against shall contest the petition by an answer, the  attorney  general  shall  be  notified,  and  he  thereafter  shall represent the petitioner in the proceedings. No  execution  shall  issue for  costs,  if  any, awarded against the state or the commissioner, but they shall be part of the costs of the acquisition and be paid  in  like manner. Proceedings may be brought separately against one or more of the owners  or  other  occupants  of  a  property,  or one proceeding may be brought against all or several of the owners or other occupants  of  any or  all property within the territorial jurisdiction of the same justice or judge; judgment shall effect or 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.   6. No agreement made  by  the  commissioner  in  accordance  with  the provisions of section three hundred four of the eminent domain procedure law  shall  be  binding  upon  the state of New York unless the attorney general shall certify that the person or persons claiming the amount  so agreed  upon  be  entitled thereto. Payment shall be made upon audit and  warrant of the comptroller of the amount  so  agreed  upon  from  monies appropriated for such purposes.   7. 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.   8. (a) The commissioner, with the approval  of  the  director  of  the budget,  shall  establish  and  may  from  time  to time amend rules and regulations authorizing the payment of the following expenses and losses incurred by the displaced owners or occupants  of  a  property  acquired pursuant to this section as a result of such acquisition:  (i) actual reasonable and necessary moving expenses; and  (ii) actual direct losses of tangible personal property as a result of moving  or  discontinuing a business or farm operation on such property, but not exceeding an amount equal to the reasonable expenses that  would have  been  required  to  relocate  such  property, as determined by the commissioner; and  (iii) actual  reasonable  expenses  in  searching  for  a  replacement business or farm; and  (iv)  actual  and  reasonable  expenses  necessary  to  reestablish  a displaced farm operation, not-for-profit organization, or small business at its new site but not to exceed the maximum amount provided for in the regulations.  (b) Such regulations may provide in hardship  cases  for  the  advance payment  of such expenses and losses. For the purposes of making payment of such expenses and losses only, such regulations  shall  provide  that the term "business" includes any lawful activity conducted primarily for assisting  in  the  purchase,  sale,  resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or  displays, whether  or  not such display or displays are located on the premises on which any  of  the  above  activities  are  conducted.  Such  rules  and regulations may further define the terms used in this subdivision.  Such regulations   may  also  provide  for  payments  to  utilities  for  the relocation of their facilities under  such  circumstances  and  in  such amounts as the commissioner may determine.  (c)  Any  person eligible for the payments authorized by paragraph (a) of this subdivision who is displaced from a residential property may, in lieu of such payments,  elect  to  accept  an  expense  and  dislocation allowance,  determined  in  accordance  with  a schedule prepared by the commissioner and made a part of such rules and regulations.  (d) Any person eligible for the payments authorized by  paragraph  (a) of  this subdivision, who is displaced from a business or farm operation and who is eligible under criteria established by the department may, in lieu of such payments, elect  to  accept  a  fixed  relocation  payment, except  that  such  payment  shall be not less than the minimum nor more than the maximum amount provided for in the  regulations.    However,  a person  whose sole business at the property so acquired is the rental of such property to  others  shall  not  qualify  for  payment  under  this paragraph.  (e)  Application  for  payment under this subdivision shall be made to the commissioner upon forms prescribed by the commissioner 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.    No payment  shall  be  made  under  this subdivision for any cost, expense, difference or other amount for which payment was previously made.  (f) The regulations necessary to implement this subdivision  shall  be consistent  with  the  applicable  provisions  of  section thirty of the highway law, as  the  same  may  from  time  to  time  be  amended,  and regulations issued thereunder.   9.  (a)  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 by eminent domain who are entitled thereto, as determined by the commissioner.  The commissioner,  with  the  approval  of  the  director of the budget, may establish and from time to time amend rules  and  regulations  providing for  such  supplemental  relocation payments. Such rules and regulations may further define the terms used in this subdivision.  (b) In the case of residential  property  acquired  pursuant  to  this section  which  is improved by a dwelling actually owned and occupied by the  displaced  owner  for  not  less  than  one  hundred  eighty   days immediately  prior  to initiation of negotiations for the acquisition of such property, such supplemental relocation payment to such owner  shall not  exceed  the  maximum  amount provided for in the regulations.  Such payment shall include the following elements:  (i) the amount, if any, which when added to  the  acquisition  payment equals  the  average price, established by the commissioner, required to obtain a comparable replacement dwelling for such displaced  owner,  but in no event shall such payment exceed the difference between acquisition payment and the actual purchase price of the replacement dwelling; and  (ii)  the  amount  which  will compensate such displaced owner for any increased interest costs which  such  person  is  required  to  pay  for financing  the  acquisition of the comparable replacement dwelling. Such amount shall be paid only if the  dwelling  acquired  pursuant  to  this section was encumbered by a bona fide mortgage which was a valid lien on such  dwelling  for  not  less than one hundred eighty days prior to the initiation of negotiations for the acquisition  of  such  property.  Any such compensating interest payment shall, notwithstanding the provisions of  section  twenty-six-b of the general construction law, be in lieu of and in full satisfaction of the requirements of such section; and  (iii) an  amount  which  will  compensate  such  displaced  owner  for reasonable  expenses  incurred for evidence of title, recording fees and other  closing  costs  incident  to  the  purchase  of  the   comparable replacement dwelling, but not including prepaid expenses.  (c) Any supplemental relocation payment made pursuant to paragraph (b) of  this  subdivision  shall  be  made  only  to  a  displaced owner who purchases and occupies a comparable replacement dwelling within one year subsequent to the date on which such owner is required to move from  the dwelling  acquired  pursuant  to  this section or the date on which such owner receives from the state final payment for such acquired  dwelling, whichever occurs later. The commissioner may extend such period for good cause; provided however, that any payment shall be based on the costs of relocating  the  displaced  person  to a comparable replacement dwelling within one year of such extended date. The regulations may provide  that advance payment of such payments may be made in hardship cases.  (d)  In  the  case  of  residential property acquired pursuant to this section from which an owner or tenant, not otherwise eligible to receive  a  supplemental  relocation  payment  pursuant  to  the  provisions   of paragraph  (b)  of  this subdivision, is displaced from dwelling thereon which has been actually and lawfully occupied by such  owner  or  tenant for not less than ninety days immediately prior to (i) the initiation of negotiations  for  the  acquisition  of such property or (ii) such other event as regulations may prescribe when the displacement is not a direct result of such acquisition, such supplemental relocation payment to such owner or tenant shall not exceed the maximum amount provided for in  the regulations.  Such  payment  shall  be  the amount which is necessary to enable such owner or tenant to lease or rent for a period not to  exceed the  maximum time specified in the regulations, a comparable replacement dwelling but such amount shall not exceed the maximum  amount  specified in  the  regulations. Such payments may be made in periodic installments as  determined  by  the  commissioner.    Any  person  eligible  for   a supplemental  relocation  payment  under this paragraph may elect to use such  payment  for  the  down  payment,  including  reasonable  expenses incurred  by such owner or tenant for evidence of title, recording fees, and other closing costs incident to  the  purchase  of  the  replacement dwelling,  but  not  including  prepaid  expenses,  on the purchase of a comparable replacement dwelling, except such payment  shall  not  exceed the maximum amount provided for in the regulations.  (e)  Application  for  payment under this subdivision shall be made to the commissioner upon forms prescribed by the commissioner 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. No payment shall be made under this  subdivision  for  any  cost,  expense, difference or other amount for which payment was previously made.  (f)  The  regulations necessary to implement this subdivision shall be consistent with the applicable requirements of  section  thirty  of  the highway  law,  as  the  same  may  from  time  to  time  be amended, and regulations issued thereunder.   10. Expenses incurred in the acquisition of  the  property,  including the cost of making surveys, preparing descriptions and maps, appraisals, title  searches,  service  and  publication  of  notices,  and  expenses incurred in proceedings for the removal of owners or occupants, shall be deemed to be part of the cost of the acquisition of such  real  property and  shall  be  paid  accordingly out of any moneys appropriated for the acquisition of such property.   11. The state of New York shall be liable for any damages to any  real property  caused  by  the  making of surveys, test pits, test borings or other investigations pursuant  to  section  four  hundred  four  of  the eminent  domain  procedure  law.    Such  damages  may  be recovered and adjusted and paid in the same manner as provided in  this  section  with respect to compensation for real property acquired by eminent domain.   12.  The  owner  of  any  real property acquired by eminent domain 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  appropriated  and   for   legal   damages   caused   by   such appropriation,  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.    13.   If   the   commissioner   shall   determine  subsequent  to  the appropriation 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 shall cause such certificate to be filed in the office  of  parks,  recreation and   historic   preservation  and  a  copy  thereof  certified  by  the commissioner to be filed in the office of the clerk or register 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 clerk or  register,  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 grantors. On the filing and recording of such  certificate  in  the  office  of  such  clerk  or register, all rights acquired by the state under such temporary easement shall  cease.  The  commissioner shall cause a further certified copy of such certificate, with notice of the filing thereon  in  the  office  of parks,  recreation  and  historic  preservation  and  of  the filing and recording of a certified copy thereof in the  office  of  the  clerk  or register,  to  be  mailed  to  each  owner  of the property affected, as certified by the attorney general, if the place  of  residence  of  such owner is known.   14.  The commissioner, may make arrangements with respect to any lands heretofore or hereafter acquired by him, whereby such lands may continue to be occupied and used by the former owners, their tenants  or  assigns or  by any other party from a date specified in said agreement until the state requires and obtains actual physical  possession  of  such  lands, provided  that  during  the  period  of such occupancy, such lands shall remain on the assessment rolls of the municipality, school districts and other districts in which they are located and shall be subject  to  real estate  taxes  and  assessments  in  the  same manner as privately owned lands.  The right of a former owner, tenant, assignee or other party  to occupy  and use such lands shall be conditioned on the prompt payment of the full amount  of  such  taxes  and  assessments,  with  interest  and penalties,  if  any, and compliance with the provisions of section three hundred five of the eminent domain procedure law, if  applicable.    The state  shall  not be liable for real estate taxes or assessments on such lands during such a period. A copy of any such agreement shall be  filed with  the  county  clerk  of the county in which such lands are located. Nothing herein contained shall be construed to limit  the  authority  of the  commissioner  to  accept conditional grants, bequests or devises of property under other provisions of this chapter.