NY Soc Serv L § 40 (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 40 - Real Property; Purchase or Acquisition.

§  40.  Real property; purchase or 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  any   departmental purpose by purchase or,  in  the  manner  provided  in  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 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 such law.3. On the approval of such  map  by  the  commissioner,  the  original   tracing  of such map shall be filed in the main office of the department   pursuant to the eminent domain procedure law.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 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  paragraph three of subdivision (A) of section four hundred   two of the eminent  domain  procedure  law,  that  such  map  should  be   withdrawn, he or she may file a certificate of withdrawal in the offices   of  the department and of the department of law.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 occupancy 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 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.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 acquisition 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 monies   appropriated for the acquisition of 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 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.   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 nonprofit 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 accesible 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 subdivision (A) of section five hundred   three of the eminent domain procedure law, a claim for the value of such   property and for other legal damages 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.    Expenses incurred in the acquisition of the property, including   the cost of 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.14.  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.