NY Mil L § 177 (2021)
2021 New York Laws MIL - Military Article 9 - Armories 177 - Acquisition of Real Property for Armories and Other Military Facilities of the State.

§  177.   Acquisition of real property for armories and other military   facilities of the state.  1.  The adjutant general, provided that  funds   have  been appropriated or provided by the state or by the United States   or by both for such purposes, is authorized to acquire  by  purchase  or   gifts  or,  pursuant  to  the provisions of the eminent domain procedure   law, any real property which he may deem necessary for the  purposes  of   armories,  camps,  ranges,  bases,  or  facilities  for  the  use of the   organized militia, the title to all such property to  be  taken  in  the   name  of  and  be  vested in the people of the state; provided, however,   that no such property shall be acquired by purchase or gift  unless  the   title thereto shall be approved by the attorney general.2.    Whenever  real  property  is  to  be  acquired  pursuant  to the   provisions of the eminent domain procedure  law,  the  adjutant  general   shall  cause  to  be  made  by the state department of transportation an   accurate acquisition map  prepared  from  an  accurate  survey,  of  the   property  to  be  so  acquired  or  in or to which any easement is to be   acquired and, in the case of  an  easement,  specifying  the  particular   nature  and  the  duration thereof.   The adjutant general and the state   commissioner of transportation  and  their  respective  duly  authorized   agents  and  employees  may  enter  upon  such  real  property  or, when   necessary, upon any adjacent real property for  the  purpose  of  making   such survey.3.  On  the approval of such map by the adjutant general, the original   tracing of such map shall be filed in the main office of the division of   military and naval affairs, pursuant to the provisions  of  the  eminent   domain procedure law.4.  If  the  adjutant  general 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  division  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  adjutant   general,  it  shall  be filed in the main office of the division and the   amended map shall  thereupon  in  all  respects  and  for  all  purposes   supersede the map previously filed.5.  If  the  adjutant general 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 division 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 adjutant general 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 adjutant general the names  of  the   owners  of  the property, easements, interest 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 adjutant general 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    adjutant general 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  adjutant  general,   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; and in any case   judgement 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  adjutant  general  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 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 adjutant general upon forms prescribed by him  and  shall   be  accompanied by such information and evidence as the adjutant general   may require.  Upon approval of such application,  the  adjutant  general   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  adjutant  general,  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  adjutant   general;  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   adjutant  general 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 adjutant general 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  adjutant  general  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 adjutant general upon forms prescribed by him  and  shall   be  accompanied by such information and evidence as the adjutant general   may require.  Upon approval of such application,  the  adjutant  general   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  adjutant  general  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   adjutant general, 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 adjutant general 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   adjutant general.  Application for payment under this subdivision  shall   be  made  to the adjutant general upon forms prescribed by him and shall   be accompanied by such information and evidence as the adjutant  general   may  require.    Upon approval of such application, the adjutant general   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 acquisition, 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  adjutant  general  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 adjutant  general   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 adjutant general 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   adjutant   general   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.