2023 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.