NY State L § 51 (2021)
2021 New York Laws STL - State Article 4 - Purchase and Acquisition of Land by the United States 51 - Proceedings for Acquiring Title.

§ 51. Proceedings  for  acquiring title. 1. Whenever the United States   is desirous of purchasing or acquiring the title to or any interest  any   tract,  piece  or  parcel  of  land within the boundaries of this state,   except within the Adirondack park as defined by section  9-0101  of  the   environmental  conservation  law, where a special act of the legislature   shall be required, for any of the purposes aforesaid, and  cannot  agree   with  the  owner or owners thereof as to the purchase thereof, or if the   owners of any of said lands  are  unknown,  persons  under  the  age  of   eighteen  years,  of unsound mind, or non-residents, or if for any other   reason a perfect title can not be  made  to  said  lands,  or  any  part   thereof,  the  United States, by any agent authorized under the hand and   seal of any head of an executive department of  the  government  of  the   United States, is authorized to apply to the supreme court of the state,   in  and  for  the county within which the said lands are situated, or to   the district court of the United States  in  the  judicial  district  in   which  said lands are situated, to have the said lands acquired pursuant   to the provisions of the eminent domain procedure law, for the  use  and   benefit of the United States.2.  At  any  time  during  the existence of a state of war between the   United States and any foreign  power,  or  during  the  existence  of  a   national  emergency  or limited national emergency involving the defense   of the United States as  proclaimed  by  the  president  of  the  United   States,  the  United  States may, by any agent duly authorized under the   hand and seal of any head of an executive department of  the  government   of the United States, for the purpose described in section fifty of this   act,  select,  locate,  enter  upon and acquire any rights, easements or   interest in property, either in fee or for  the  term  of  one  year  or   longer,  within  this state. This shall include lands owned by the state   of New York, the  provisions  of  any  other  statute  to  the  contrary   notwithstanding,  except  those the alienation of which is prohibited by   the constitution of the state of New York. Said agent shall from time to   time cause to be made, accurate maps of such lands which, or rights  and   easements  in  which,  he  shall  determine to take, which maps shall be   certified by him and shall specify with respect to each parcel  of  land   whether  the  whole title thereof is to be taken and if the whole is not   to be taken, the rights, easements or interests  therein  and  for  what   period  of  time,  that the same is taken. Said maps shall also show the   names  of  the  reputed  owners  of  such  lands  and  shall  contain  a   description of the lands to be acquired and shall be filed in the office   of  the secretary of state and a duplicate thereof shall be filed in the   office of the clerk or register of the county  wherein  said  lands  are   situated.  Said  agent shall thereupon serve upon the owners of any real   property so acquired a notice of the filing and date of filing  of  such   maps,  which  notice  shall  specifically  describe  that portion of the   property belonging to such owners which has been so  acquired  and  what   estate  therein has been taken. If said agent shall not be able to serve   such notice upon the owner personally within  this  state  after  making   efforts  so  to  do  which  in  his judgment are under the circumstances   deemed reasonable and proper, he may serve the same by filing  with  the   clerk  or  register  of the county wherein said lands are situated. From   the time of  the  service  of  such  notice,  the  entry  upon  and  the   acquisition  by  the  United  States  of  said  estate  in  the property   described for any of  the  purposes  above  mentioned  shall  be  deemed   complete  and thereupon such property or said limited estate or interest   therein so taken shall become the property of the  United  States.  Such   notice   so  served  shall  be  conclusive  evidence  of  an  entry  and   acquisition by the United States. Said agent may cause a  copy  of  such   notice or notices with an affidavit or affidavits of due service thereof    on  such owner or on the county clerk or register as the case may be, to   be recorded in the books used for recording deeds in the office  of  the   clerk  or  register  of  the county in which such lands are situated and   such  records  shall  be  evidence of the due service thereof and of the   title of the United States to the property so acquired. Said agent shall   have the power after the filing of such map and service of  such  notice   to  fix and determine with each and any of the respective owners of such   lands upon the fair value thereof and may agree upon a price to be  paid   therefor  by the United States and accepted by such owners respectively.   In case such agent shall not agree with any  owner  or  owners  of  such   lands  so acquired, then said agent shall proceed forthwith to determine   the amount of compensation to be paid for  the  property  so  taken  and   acquired  by a proceeding taken under the provisions of this act and the   eminent domain  procedure  law.  Said  proceeding  for  the  purpose  of   determining  such compensation shall be instituted and maintained in the   name of the United States of America. No petition shall be necessary  to   institute  such  proceeding and the supreme court shall upon application   of the United States and on ten  days'  notice  to  the  owners  of  the   property  or,  if  they  be  unknown, to the county clerk, determine the   compensation which ought justly to be made to the owners of the land  or   rights  therein  as  provided  in  the eminent domain procedure law. The   compensation awarded by the supreme court shall be paid  by  the  United   States.  The eminent domain procedure law shall apply to all proceedings   hereunder  except  in  so  far  as  the  provisions  of  this  act   are   inconsistent therewith.3.  The  people  of the state of New York may at any time be joined as   party defendant in any proceeding instituted for the acquisition of  any   lands  for  any  of  the  purposes aforesaid in which the people of this   state have or may have any right, title  or  interest,  and  any  awards   which  may  be made to the people of the state of New York shall be paid   into the state treasury.