NY Pub Lands L § 27 (2021)
2021 New York Laws PBL - Public Lands Article 2 - Office of General Services 27 - Acquisition of Real Property by Purchase or Appropriation.

§  27.  Acquisition  of real property by purchase or appropriation. 1.   The commissioner of general services  when  moneys  therefor  have  been   appropriated  by the legislature or are otherwise available, may acquire   any real property which he deems necessary  for  the  implementation  or   accomplishment   of   any  statutory  purpose,  function,  operation  or   responsibility of the commissioner of general services or the office  of   general  services,  by  purchase  or  as  provided in the eminent domain   procedure law. Title to such real property shall be taken in the name of   and be vested in the people of the state of New York. No  real  property   shall be so acquired by purchase unless the title thereto is approved by   the attorney general. The terms "property" or "real property" as used in   this  section  shall  mean  "real  property"  as  defined by section one   hundred three of the eminent domain procedure law.2. Whenever real property  is  to  be  so  acquired  pursuant  to  the   provisions  of  the  eminent  domain  procedure  law the commissioner of   general services shall cause to be made an accurate acquisition  map  as   so provided in said law.3.  On  the  approval  of  such  map  by  the  commissioner of general   services, the original tracing of the map shall, pursuant to the eminent   domain procedure law, be filed in the  main  office  of  the  office  of   general services.4.  If  the commissioner of general services shall determine, prior to   the filing of a copy of such acquisition map in the office of the county   clerk, that changes, alterations or modifications of such map  as  filed   in the main offices of the office of general services 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  of  an   amended map. On the approval of such amended map by the commissioner, it   shall  be  filed  in  his  or  her  office  and  he or she shall cause a   certified copy of such amended map to be filed in the office in the same   manner as the original map was filed and the amended map shall thereupon   in all respects and for all purposes supersede the map previously filed.5. If the commissioner of general services shall determine,  prior  to   the  filing  of a copy of an acquisition map in the office of the county   clerk, as provided in section four hundred two  of  the  eminent  domain   procedure law, that such map should be withdrawn, he or she shall file a   certificate  of  withdrawal  in  the  offices  of  the office of general   services 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 terminate.6.  The commissioner of general services 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  real  property  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  in the manner provided for in the eminent   domain procedure law, the commissioner of general services shall deem it   necessary to cause the removal of an owner or other occupant  from  such   property, he may cause such owner or occupant to be removed therefrom by   proceeding in accordance with section four hundred five of such 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  of  general   services   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 amount 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 as provided in section seven  hundred   two   of  the  eminent  domain  procedure  law  shall  be  made  to  the   commissioner of general services 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 amounts 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.10. The commissioner of general services, 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;   of   actual  reasonable  expenses  in  searching  for  a   replacement  business  or  farm;  and  of  actual  reasonable   expenses   necessary  to  reestablish a displaced farm, not-for-profit organization   or small business at its new  site,  but  not  to  exceed  ten  thousand   dollars,  or  in hardship cases for the advance payment of such expenses   and losses. 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  and   actual   reasonable  reestablishment expenses, any such displaced owner or tenant   of commercial property who meets eligibility criteria and  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 one thousand dollars nor more than twenty thousand dollars.  A   displaced  not-for-profit organization may choose a fixed payment of one   thousand to twenty thousand dollars in lieu of the  payment  for  actual   moving  and  related  expenses  and  actual  reasonable  reestablishment   expenses if eligibility criteria are met. 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 not-for-profit 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  not-for-profit  organization.  The  term  "small   business"  means  a business having not more than five hundred employees   working at the site being acquired or permanently displaced. As used  in   this  subdivision the term "farm operation" means any activity conducted   solely or primarily for the  production  of  one  or  more  agricultural   products  or  commodities  including  timber  for  sale or home use, and   customarily  producing  such  products  or  commodities  in   sufficient   quantities  to  be  capable of contributing materially to the operator's   support.11. The commissioner of general services  pursuant  to  section  three   hundred five of the eminent domain procedure law, may make agreements on   such  terms,  conditions and consideration as he deems beneficial to the   state with respect to any property  heretofore  or  hereafter  acquired,   whereby  such  property  may  be  used and occupied by the former owner,   tenant or by any other party from a date specified  in  said  agreement,   until  such  time  as  the  state  requires  and obtains actual physical   possession. The agreements for the use and occupancy  of  such  property   may  be  managed,  supervised  and enforced (a) by the staff, forces and   equipment of the office of general services; or (b) by the  commissioner   of  general  services  contracting  for  the management, supervision and   enforcement thereof with any person, firm or corporation; or  (c)  by  a   combination of such methods.The  use  and  occupancy of such property under the provisions of this   section and the right of the state  or  its  duly  authorized  agent  to   recover possession thereof shall not be subject to the emergency housing   rent control law.Expenses  which  are  determined  by  the  commissioner  to  have been   incurred in connection with the use and occupancy of such  property  may   be  paid  out  of the state treasury after audit by the comptroller from   moneys appropriated for  the  duly  authorized  project  for  which  the   property  was acquired. However, such expenses incurred under a contract   for management and supervision of such property may be paid out  of  the   gross  revenue  therefrom.  All  moneys received by the commissioner for   such use or occupancy shall be paid into the treasury of  the  state  to   the credit of the capital projects fund.12.  Authorization  is  hereby  given  to  the commissioner of general   services 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 or   replacement housing. 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 twenty-two   thousand five hundred 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   a replacement dwelling which is decent, safe and sanitary. 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. 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  the  commissioner  identifies,  for  the  displaced   owner,  replacement  housing actually available within the limits of the   offer extended for replacement housing, 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   five  thousand  two  hundred  fifty  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 forty-two months, 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. Such payment may be used as a 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.  Such  payments  may  be made in installments as   determined by the commissioner. However, notwithstanding the  provisions   of  this  subdivision,  if  it  is  determined  by the commissioner that   replacement housing cannot be obtained for the  supplemental  relocation   payments  specified  herein,  he  may,  subject  to  the approval of the    director of the budget, take such action as is necessary or  appropriate   to  provide last resort housing with the use of funds authorized for the   project. 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.13.  Any  owner of real property acquired pursuant to this section 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, 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.14. Expenses  incurred  in  the  acquisition  of  the  real  property,   including  the  cost  of  making surveys, and preparing descriptions and   maps of property  to  be  acquired,  and  of  administrative  duties  in   connection  therewith, serving notices, making appraisals and agreements   and of searches ordered and examinations and readings of title  made  by   the  attorney  general,  and  expenses  incurred  by the commissioner of   general services or attorney  general  in  proceedings  for  removal  of   owners  and  occupants,  shall  be  deemed to be part of the cost of the   acquisition of such real property.15. If the commissioner of general services 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 real   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  the   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.16. If any clause, sentence, paragraph, or part of this section or the   application  thereof  to  any  person,  firm  or corporation, project or   circumstance shall be adjudged by any court of competent jurisdiction to   be invalid, such judgment shall not affect,  impair  or  invalidate  the   remainder thereof, but shall be confined in its operation to the clause,   sentence,  paragraph,  or part of the application thereof to the person,   firm or corporation, project or circumstance directly  involved  in  the   controversy in which such judgment shall have been rendered.