NY Educ L § 307 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 7 - Commissioner of Education 307 - Acquisition of Real Property.

§  307.    Acquisition  of  real  property.   1.   The commissioner of   education,  when  an  appropriation  therefor  has  been  made  by   the   legislature,  may  acquire any real property which he may deem necessary   for the purposes of a  state  educational  institution  by  purchase  or   pursuant to the provisions of the eminent domain procedure law the title   to  which  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 so acquired pursuant to the   provisions of the eminent domain procedure law,  by  appropriation,  the   commissioner of education shall cause to be made by the state department   of transportation an accurate acquisition map.  With respect to any real   property  or  any  easement  to  be  so  acquired  for  state university   purposes, the state university trustees may cause the  map,  description   and   survey   contemplated   by  this  subdivision,  and  any  changes,   alterations or modifications in such  map  contemplated  by  subdivision   five   of   this  section,  to  be  made  by  the  state  department  of   transportation or, with the approval of the director of the budget, by a   licensed professional engineer or a  licensed  land  surveyor,  and  the   state  commissioner  of transportation and the state university trustees   may each authorize the state university  construction  fund  to  act  as   agent in making such map, description and survey.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  provisions  of the eminent domain procedure law. With   respect to any real property or easement to be  so  acquired  for  state   university  purposes, the original tracing of such map shall be filed in   the office of the state university trustees.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. With respect to any real property or   any easement to be so acquired for state university purposes,  upon  the   approval  of such amended map by the state university trustees, it shall   be filed in the office of the state university trustees 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  in  the  eminent  domain   procedure  law, the commissioner of education 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  of  education  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  of  education,  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;  a  final  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  of  education   or  such  trustees  of the state university of New York, as the case may   be, 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 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 of education and  the  trustees  of  the  state   university of New York, 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 education   and the trustees of  the  state  university  of  New  York;  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 of education and   the trustees of the state university of New York 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   of education or, in the case of an acquisition, for the purposes of  the   state  university, the trustees of the state university of New York find   and  determine  that  the  business  cannot  be  relocated   without   a   substantial loss of its existing patronage, and that the business is not   a   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  or  the   trustees  of the state university of New York 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 of education  or,  in  the   case  of an acquisition for the purposes of the state university, to the   trustees of the state university of New York and shall be accompanied by   such information and evidence as the commissioner or such  trustees,  as   the  case  may  be, may require.  Upon approval of such application, the   commissioner or such trustees, as the case may be, 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 of education or   in  the  case of an acquisition for the purposes of the state university   to the trustees of the state university of New York 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 the commissioner of education   or such trustees, as the case may be.  The commissioner of education and   the  trustees of the state university of New York may, with the approval    of the director of the budget, 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 of education or such trustees, as the case may be,   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 of  education  or  such  trustees,  as  the  case  may  be.   Application  for  payment  under  this  subdivision shall be made to the   commissioner of education or such trustees, as  the  case  may  be,  and   shall   be   accompanied   by  such  information  and  evidence  as  the   commissioner or such trustees, as the case may be, may  require.    Upon   approval  of such application, the commissioner or such trustees, as the   case may be, 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 commissioner of education 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  of   education  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 of   education 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  of  education  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.14.    Whenever  the state university trustees determine that property   under their jurisdiction, heretofore or  hereafter  acquired  for  state   university  purposes  pursuant to this section, or any interest therein,   is unnecessary for the present or foreseeable future needs of the  state   university and that any such property or interest may be sold, exchanged    or  released  on  terms beneficial to the state to the former owner from   whom such property or interest was  acquired  or,  in  the  case  of  an   interest  in  such  property, to the owner of the servient estate, or to   their  respective  heirs,  successors  in interest or assigns, the state   university trustees may sell,  exchange  or  release  such  property  or   interest,  to  such owner, his heirs, successors in interest or assigns,   with the approval of the director of the budget and notwithstanding  the   provisions  of  any  general,  special  or local law, at the fair market   value thereof or in partial or full settlement of any claim  which  such   owner,  or  his  heirs,  successors in interest or assigns, may have for   damages resulting from the acquisition of such property or interest.  In   order to carry any such sale, exchange or release into effect, the state   university trustees are hereby authorized to exchange and deliver in the   name of the people of the state of New York a quitclaim of, or  a  grant   in  and  to,  any  such  property or interest.   Each such instrument of   conveyance or release shall be prepared  by  the  attorney  general  and   before  delivery thereof, shall be approved by him as to form and manner   of execution.