NY Corr L § 21 (2021)
2021 New York Laws COR - Correction Article 2 - Department of Corrections and Community Supervision 21 - Acquisition of Real Property by Purchase and Acquisition.

§ 21. Acquisition of real property by purchase and acquisition. 1. The   commissioner,  when  an  appropriation  therefor  has  been  made by the   legislature, may acquire any real property which he may  deem  necessary   for  the  purposes  of  the  department  by  purchase or pursuant to the   eminent domain procedure law. Title to any such real property  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.2. Whenever title to real property is to be acquired pursuant  to  the   eminent  domain procedure law the commissioner shall cause to be made by   the state department of transportation an accurate acquisition map as so   provided in said law.3. On the approval of such  map  by  the  commissioner,  the  original   tracing of such map shall, pursuant to the eminent domain procedure law,   be filed in the main office of the department.4.  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.5.  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register as   provided in section four hundred two of  the  eminent  domain  procedure   law, that such map should be withdrawn, he or she may file a certificate   of  withdrawal in the offices of the department and of the department of   law.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.6.  The  commissioner  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 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.7. 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 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  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, 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   given 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.8.  Upon  making  any  agreement provided for in section three hundred   four of the eminent domain procedure law, the commissioner 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.9. 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  moneys   appropriated for the obtaining of title to property under this section.10. 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  actual  reasonable  and  necessary  moving   expenses  of occupants of property acquired pursuant to this section; of   actual direct losses of tangible personal property as a result of moving   or discontinuing a business or farm  operation,  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 actual   reasonable expenses in searching for a replacement business or farm;  or   in  hardship  cases for the advance payment of such expenses and losses.   For the purposes of making payment of such expenses and losses only  the   term  "business"  means  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.  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, except that such payment shall be not less than two  thousand   five  hundred dollars nor more than ten thousand dollars. 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. In the   case of a business which  is  to  be  discontinued  but  for  which  the   findings  and  determinations  set  forth  above  cannot  be  made,  the    commissioner may prepare an estimate of what the actual  reasonable  and   necessary moving expenses, exclusive of any storage charges, would be if   the  business  were  to be relocated and enter into an agreed settlement   with  the  owner  of  such  business  for  an  amount not to exceed such   estimate  in  lieu  of  such  actual  reasonable  and  necessary  moving   expenses.  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  comptroller  from  moneys   appropriated for the acquisition of property under this section. As used   in  this  subdivision  the  term  "commercial  property"  shall  include   property owned  by  an  individual,  family,  partnership,  corporation,   association  or  a nonprofit organization and includes a farm operation.   As used in  this  subdivision  the  term  "business"  means  any  lawful   activity, except a farm operation, conducted primarily for the purchase,   sale,  lease  and  rental  of  personal  and  real property, and for the   manufacture, processing, or marketing of products, commodities,  or  any   other personal property; for the sale of services to the public; or by a   non-profit organization.11.  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 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. In  the  case  of   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 payment to such   owner shall not exceed fifteen 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,   reasonably  accessible  to  public services and places of employment and   available on the private market, but in  no  event  shall  such  payment   exceed  the  difference  between  acquisition  payment  and  the  actual   purchase price of the replacement dwelling. Such payment  shall  include   an  amount  which will compensate such displaced owner for any increased   interest costs which such person is required to pay  for  financing  the   acquisition  of  any  such  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  dwelling.  Such   amount  shall be equal to the excess in the aggregate interest and other   debt service costs of that amount of the principal of  the  mortgage  on   the  replacement  dwelling  which  is equal to the unpaid balance of the   mortgage on the acquired  dwelling,  over  the  remainder  term  of  the   mortgage  on the acquired dwelling, reduced to discounted present value.   The discount rate shall be the prevailing interest rate paid on  savings   deposits   by  commercial  banks  in  the  general  area  in  which  the   replacement dwelling is located. Any such mortgage interest differential   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. Such payment shall include reasonable   expenses incurred  by  such  displaced  owner  for  evidence  of  title,   recording  fees  and other closing costs incident to the purchase of the   replacement dwelling, but not including prepaid expenses.  Such  payment   shall  be  made  only  to a displaced owner who purchases and occupies a   replacement dwelling which is decent, safe and sanitary within one  year   subsequent to the date on which he is required to move from the dwelling   acquired  pursuant to this section or the date on which he receives from   the state final payment of all costs of the acquired dwelling, whichever   occurs later, 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 the above 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 four thousand 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 four years, a decent, safe, and sanitary   dwelling of standards adequate to accommodate such individual or  family   in  areas not generally less desirable in regard to public utilities and   public and commercial facilities and reasonably accessible to his  place   of  employment,  but  shall not exceed four thousand dollars, or to make   the  down  payment,  including  reasonable  expenses  incurred  by  such   individual  or  family  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 decent, safe and   sanitary dwelling of standards adequate to accommodate  such  individual   or  family  in  areas  not  generally less desirable in regard to public   utilities and public and commercial facilities,  but  shall  not  exceed   four  thousand  dollars,  except  if  such  amount  exceeds two thousand   dollars, such person must equally match any such amount in excess of two   thousand dollars, in making the down payment. Such payments may be  made   in  installments  as  determined  by  the  commissioner. 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.12.  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 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 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 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 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 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.