NY Hwy L § 30 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 30 - Acquisition by the State of Property Required for the Construction and Reconstruction of State Highways and Structures Thereon.

§   30.  Acquisition  by  the  state  of  property  required  for  the construction  and  reconstruction  of  state  highways  and   structures thereon.  1.  (a)  Upon the construction, reconstruction or improvement, pursuant to this chapter  of  a  state  highway  the  property  required therefor  may be acquired by the state as provided in the eminent domain procedure  law.  A  state  highway  indicated  under  this  chapter  for construction  or  improvement,  or  any  portion of such highway, may be constructed, reconstructed or improved, as a controlled access  highway, upon  the  adoption of a resolution by a majority vote of the members of the board of supervisors of the county in which the  highway  is  to  be constructed.  The resolution of the board of supervisors herein referred to  shall  not  be  required  in relation to highways to be projected as through trunk routes and principally on new locations.  (b) Whenever plans for the construction, reconstruction or improvement of a state highway which is now or which shall hereafter  be  designated in  section  three  hundred forty-one of this chapter, shall provide for the relocation of such state highway or portion thereof  on  a  location which  deviates  from  the  location  of  the  existing  highway  for  a continuous length in excess of one mile as  measured  along  the  center line  of the existing highway, the commissioner of transportation shall, before filing the descriptions and the original tracings of any maps  or proceeding with the acquisition of property or the work of construction, reconstruction  or  improvement,  transmit  such  plans  to the board of supervisors of each county in  which  such  relocation  or  any  portion thereof  is  situated.  In case the relocation or any portion thereof as proposed, is situated in a county other than the  county  in  which  the existing  highway  or  portion  thereof  is located, such plans shall be transmitted to both of  such  counties  and  shall  be  subject  to  the approval,  disapproval  or  modification by each of such counties in the manner as hereinafter provided. The  board  of  supervisors,  after  the receipt  of  such  plans,  may conduct a public hearing or hearings upon such notice as such board of supervisors shall deem reasonable, but  not less  than  ten  days, to the commissioner of transportation and to such other party or parties  deemed  by  said  board  of  supervisors  to  be interested  in  the  project. In any event, and within ninety days after receipt of the plans, the board of  supervisors  shall,  by  resolution, duly  adopted  by a majority vote of its members, approve, disapprove or recommend modifications in such  plans  as  the  public  interest  shall require. Within ten days after the adoption of the resolution, the clerk of  the  board of supervisors shall mail a certified copy thereof to the commissioner of transportation. In case such relocation is  situated  in two  or more counties, such resolution must be separately adopted by the board of supervisors of  each  county  as  to  the  relocation  situated therein.  The  form  of  the  resolution  shall  be  prescribed  by  the commissioner of transportation. In case the board of  supervisors  shall disapprove  the plans, without proposing modifications, the commissioner of transportation may, in his discretion,  prepare  and  submit  to  the board  of  supervisors  for  approval  other plans for the construction, reconstruction or improvement of the state highway to be acted  upon  by the  board  of  supervisors in the manner herein prescribed within sixty days after receipt of such plans. In case the board of supervisors shall disapprove  the  plans,   and   shall   recommend   modifications,   the commissioner  of transportation may approve the plans as so modified, or recommend other modifications for approval, and such state highway shall be constructed, reconstructed, or improved in accordance with such plans as finally approved. When the plans, for construction, reconstruction or improvement of a state highway have  finally  been  approved  as  herein provided,  no  resolution thereafter adopted by the board of supervisors  of a county shall rescind, annul or modify such prior resolution  either directly  or  indirectly, excepting upon the advice and with the consent of the commissioner of transportation. Upon the failure or  omission  of any  board  of  supervisors  to  act  within  the time and manner herein required, the said plans shall be deemed to be approved so far  as  such board of supervisors is concerned.   2. The commissioner of transportation, for and in behalf of the people of  the  state  of  New York may acquire, pursuant to the eminent domain procedure law any and  all  property  necessary  for  the  construction, reconstruction and improvement of state highways and bridges or culverts on the state highway system, including the appropriation of property for drains,  ditches,  spoil banks, gravel pits and stone quarries; also for the removal of obstructions, improvement of sight  distances;  also  for acquisition   of   property   for   the   reconstruction   of   existing highway-railroad  separation  structures  and  for  the  separation   of highway-railroad  grades  on  newly  laid-out  highways;  and  for other purposes to improve safety conditions on the state highway system.  When the  commissioner  is  exercising the property acquisition power granted him pursuant to subdivision six of section eighty-nine of this  chapter, relating  to control of junkyards and scrap metal processing facilities, such term  "property"  shall  include  junk  located  upon  land  to  be appropriated and described on the acquisition map in a manner sufficient to permit reasonable identification thereof.   3.  The  commissioner  of transportation shall cause to be prepared an accurate acquisition map of any property which he may deem necessary for purposes connected with such highway projects or of any property in  and to  which  he  may  deem  the  acquisition  or  exercise of an easement, interest or right to be  necessary  for  such  purposes  indicating  and describing  in  each  case  the  particular easement, interest or right. Unless access to and from abutting property is expressly acquired by the terms of the  description  and  map,  any  permanent  drainage  easement heretofor or hereafter acquired pursuant to this chapter shall be deemed as  reserving  to the owner of the property, his successors and assigns, the right of access over, through or across  the  easement  for  utility lines,  cables  or conduits and by foot or by vehicle and with the right to construct and maintain on such property a road or roads as  necessary for the exercise of such right, provided that the exercise of such right does  not  interfere  with  the  drainage  for  which  the  easement was acquired. On the approval of such acquisition map by the commissioner of transportation, he shall acquire such property, easements, interests  or rights pursuant to the eminent domain procedure law.   4.  If  the  commissioner shall determine, prior to the filing of such copy of the acquisition map in the office of county clerk as  aforesaid, 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  of  an  amended  map,  either  by preparing a new map or by making changes on the original tracing of such map, with a notation indicating such changes. On the  approval  of  such amended map by the commissioner, it shall be filed in the main office of the  department 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 shall determine, prior to filing 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 department and 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  of transportation 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  of transportation  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 in the  manner  provided  for  in  the  eminent domain  procedure  law, the commissioner of transportation shall deem it necessary to cause the removal of an owner or other occupant  from  such property,  he  may  cause  such  owner  or  other occupant to be removed therefrom by proceeding in accordance with section four hundred five  of said   law.  The  proceeding  shall  be  brought  in  the  name  of  the commissioner of transportation as agent of  the  state.  If  any  person proceeded  against shall contest the petition by an answer, the attorney general shall  be  notified,  and  he  thereafter  shall  represent  the petitioner  in  the  proceedings. No execution shall issue for costs, if any, awarded against the state or the  commissioner  of  transportation, but  they  shall  be part of the costs of the acquisition and be paid in like manner. Proceedings may be brought separately against one  or  more of the owners or other occupants of a property, or one proceeding may be brought  against  all or several of the owners or other occupants of any or all property within the territorial jurisdiction of the same  justice or  judge;  judgment  shall  effect  or 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.  The  commissioner  of  transportation,  upon  making any agreement provided for in  section  three  hundred  four  of  the  eminent  domain procedure  law,  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 purposes connected  with  such highway  projects,  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; 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  transportation  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 (1) by  the  staff,  forces  and equipment   of   the   department  of  transportation;  or  (2)  by  the commissioner  of  transportation   contracting   for   the   management, supervision   and   enforcement   thereof   with  any  person,  firm  or corporation; or (3) 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 of transportation 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 of transportation for such use or  occupancy  shall  be  paid  into  the treasury of the state to the credit of the capital construction fund.   12.  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 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 department 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.  The  owner  of  any  property,  easements,  interests  or  rights 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 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 from moneys appropriated for the construction,  reconstruction  or  improvement  of  state  highways  and bridges.   14.  If  the  work  of  construction  or reconstruction of any highway project shall cause actual damage to  property  not  acquired  as  above provided,  the  state shall be liable therefor, but this provision shall not be deemed to create any liability on  the  part  of  the  state  not already  existing  in law. Claims for such damage may be adjusted by the commissioner of transportation, if the amounts  thereof  can  be  agreed upon  with the persons making such claims, and any amount so agreed upon shall  be  paid  as  a  part  of  the  cost  of  the   construction   or reconstruction of such highway project as prescribed by this section. If the amount of any such claim is not agreed upon, such claim may pursuant to the eminent domain procedure law, be presented to the court of claims which  is  hereby  authorized  to  hear  such claim and determine if the amount of such claim or any part thereof is a legal  claim  against  the state  and  if  it  so  determines,  to make an award and enter judgment thereon against the state, provided, however, that such claim  is  filed  with  the  court of claims within three years after the final acceptance of the work by the commissioner of transportation.   15.   Notwithstanding   any  other  provision  of  this  section,  the commissioner of transportation shall have the power to acquire by  grant or  purchase,  in  the  name of the people of the state of New York, any property which he deems necessary for any of the purposes  provided  for in  this  section,  and  payment  therefor, if any, shall be made in the manner  prescribed  in  this  section  for  the  payment   of   adjusted acquisition claims, provided, however, that no real property shall be so acquired  unless  the  title  thereto  shall be approved by the attorney general.   16. The expense of the acquisition of 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 notice  of  acquisition,  publication, making title searches, appraisals and agreements, and examinations and readings  and  approval  of  titles made  by the attorney general, and expenses incurred by the commissioner of transportation or the attorney general in proceedings for removal  of owners  or  occupants,  shall  be  deemed  part  of  the  cost  of  such improvement. The comptroller is hereby authorized to charge against  any moneys  available for the construction and reconstruction or improvement of state highways and bridges and to reserve therefrom such sums as  may be  sufficient  to  defray  the necessary expenses to be incurred by the attorney general for examination, readings, and approval of titles, upon the filing with him by the attorney general  from  time  to  time  of  a certificate   or   certificates   approved   by   the   commissioner  of transportation setting forth  such  estimated  expenses.  Such  expenses shall  be  paid  from  the  funds  so  reserved after audit by the state comptroller.   17. Notwithstanding the provisions of any general,  special  or  local law,  the  commissioner  of  transportation,  his  officers,  agents  or contractor and the officers or agents of the United States when  engaged on  such highway projects, may, pursuant to section four hundred four of the eminent domain procedure law, enter upon property for the purpose of making surveys, test pits, test borings,  or  other  investigations  and also  for temporary occupancy during construction. Claims for any damage caused by such entry,  work  or  occupation  not  exceeding  twenty-five hundred  dollars  may  be  adjusted  by agreement by the commissioner of transportation with the owner of the property affected as determined  by him  by  reasonable  investigation  without appropriating such property. Upon making any such  adjustment  and  agreement,  the  commissioner  of transportation  shall  deliver  to  the comptroller such agreement and a certificate stating the amount due such owner and the  amount  so  fixed shall be paid out of the state treasury from monies appropriated for the acquisition  of  property  for the project requiring such entry, work or occupation.   18. The commissioner  of  transportation  may  determine  whether  any property  heretofore  or hereafter acquired pursuant to this section for any of the purposes connected with the highway system of  the  state  of New  York  may  be,  in  whole  or  in  part, sold or exchanged on terms beneficial to the state, and in all cases of such determination he  may, subject  to  compliance  with  section  four  hundred six of the eminent domain procedure law and notwithstanding the provisions of any  general, special  or  local  law,  so dispose of such property, provided however, that on highways  where  access  is  not  controlled  such  disposal  of property  shall  not  thereby  deprive an owner of any existing frontage thereon immediately in front of his premises. In order to carry any such sale or exchange into  effect  the  commissioner  of  transportation  is  hereby  authorized  to execute and deliver, in the name of the people of the state, a quitclaim of, or a grant in and  to,  such  property.  Each such  instrument of conveyance shall be prepared by the attorney general and  before  delivery  thereof,  shall be approved by him as to form and manner of execution.   20. If, subsequent to the acquisition of a temporary easement right in property pursuant to this section, the commissioner shall determine; (a) that the purposes for which such easement right was acquired  have  been accomplished  and  that  the use and occupancy of said property for such purposes is no longer necessary, or (b) that the  period  fixed  by  the terms  of  such  easement  for  expiration of the same should be further limited, or  (c)  if  the  acquisition  of  such  easement  was  for  an indefinite  period, that such period should be fixed and determined, the commissioner  shall  make  a  certificate  to  such  effect.  Upon   the expiration  of  the  then fixed and determined term of the easement, the easement will expire by the terms of the certificate  and  the  affected property  will  be surrendered back to the owner, free of such easement, and the easement will be accordingly thereupon terminated, released  and extinguished. The commissioner shall cause a copy of such certificate to be  filed  in  the  main office of the department. In the event that the term of a temporary easement has been fixed at a specific period of time by the description and map no further certificate shall be required.   The commissioner shall cause a copy of such certificate together  with notice  of the filing thereof in the main office of the department 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.  A  further  copy  of  such certificate  and  notice  of  filing shall be filed in the office of the recording officer of  each  county  wherein  the  property  affected  is situated. On the filing of such certificate and notice with such officer it  shall  be  the duty of such officer to record same in the books used for recording deeds in the office of such officer.   21.  Notwithstanding  any  other  provision  of  this   section,   the commissioner  of transportation shall have the power to acquire by grant or purchase, in the name of the people of the state  of  New  York,  any property  which  he deems necessary for any of the purposes provided for in this section  and  may  also  acquire  for  such  purposes  from  the Palisades  interstate  park commission, in the name of the people of the state of New York, such lands and such easements, licenses, permits  and other  rights  over lands as the said commission is authorized to grant, sell, exchange or convey. When the acquisition by  appropriation,  grant or  purchase  of  property  deemed  necessary for highway purposes would result in substantial consequential damages  to  the  owner's  remaining property,  due  to  loss  of access, severance or control of access, the commissioner of transportation, for and in behalf of the people  of  the state  of  New York, may acquire by purchase or grant all or any portion of such remaining property. Payment therefor, if any, shall be  made  in the  manner  prescribed  in  this  section  for  the payment of adjusted appropriation claims, provided, however, that no real property shall  be so  acquired  unless the title thereto shall be approved by the attorney general.