2023 New York Laws › PAR - Parks, recreation and historic preservation › Title B - Organization and General Powers, Functions and Duties of Office of Parks, Recreation and Historic Preservation › Article 3 - Office of Parks, Recreation and Historic Preservation; Commissioner › 3.19 - Acquisition of Property by Eminent Domain.

§  3.19  Acquisition  of  property  by eminent domain. 1. Whenever the
commissioner deems it necessary to  acquire  property  pursuant  to  the
eminent  domain  procedure  law,  he  shall cause to be made an accurate
acquisition map as provided in said law. The acquisition  map  shall  be
made  from an accurate survey of the property to be so acquired or in or
to which any easement or estate less than full title is to  be  acquired
specifying  the  particular  nature  and  extent  thereof,  except  that
whenever a duly certified map or description of the  property,  easement
or  estate  less  than  full  interest  to be acquired is available as a
matter of public record, then in that event such map or description  may
be  used  by  the  commissioner to prepare the acquisition map. Upon the
approval of the acquisition map by  the  commissioner,  which  shall  be
endorsed  thereon,  he shall acquire such property, easements, interests
or rights in accordance  with  the  provisions  of  the  eminent  domain
procedure law.
2.  If  the  commissioner  shall determine, prior to the filing of the
acquisition map in the office of the clerk or register of the county, as
provided in the eminent domain procedure law, that changes,  alterations
or  modifications  of such map as filed in the office should be made, he
or she shall direct the preparation of a new map or direct that  changes
be  made on the original tracing of such map, with a notation indicating
such changes. Upon approval of such amended map by the commissioner,  it
shall  be  filed  in  the  main office of parks, recreation and historic
preservation as the original map was filed and  the  amended  map  shall
thereupon  in  all  respects  and  for  all  purposes  supersede the map
previously filed.
3. If the commissioner shall determine, prior to the filing of a  copy
of  the acquisition map in the office of the county clerk or register as
provided in the eminent domain procedure law, that such  map  should  be
withdrawn,  he  or  she  shall  file  a certificate of withdrawal in the
office 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.
5. If, at or after the vesting of title to such property in the people
of  the  state  of New York in the manner provided in the eminent domain
procedure law, the commissioner 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 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, 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.
6. No agreement made  by  the  commissioner  in  accordance  with  the
provisions of section three hundred four of the eminent domain procedure
law  shall  be  binding  upon  the state of New York unless the attorney
general shall certify that the person or persons claiming the amount  so
agreed  upon  be  entitled thereto. Payment shall be made upon audit and

warrant of the comptroller of the amount  so  agreed  upon  from  monies
appropriated for such purposes.
7. 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.
8. (a) 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 the following expenses and losses
incurred by the displaced owners or occupants  of  a  property  acquired
pursuant to this section as a result of such acquisition:
(i) actual reasonable and necessary moving expenses; and
(ii) actual direct losses of tangible personal property as a result of
moving  or  discontinuing a business or farm operation on such property,
but not exceeding an amount equal to the reasonable expenses that  would
have  been  required  to  relocate  such  property, as determined by the
commissioner; and
(iii) actual  reasonable  expenses  in  searching  for  a  replacement
business or farm; and
(iv)  actual  and  reasonable  expenses  necessary  to  reestablish  a
displaced farm operation, not-for-profit organization, or small business
at its new site but not to exceed the maximum amount provided for in the
regulations.
(b) Such regulations may provide in hardship  cases  for  the  advance
payment  of such expenses and losses. For the purposes of making payment
of such expenses and losses only, such regulations  shall  provide  that
the term "business" includes 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.  Such
regulations   may  also  provide  for  payments  to  utilities  for  the
relocation of their facilities under  such  circumstances  and  in  such
amounts as the commissioner may determine.
(c)  Any  person eligible for the payments authorized by paragraph (a)
of this subdivision who is displaced from a residential property may, in
lieu of such payments,  elect  to  accept  an  expense  and  dislocation
allowance,  determined  in  accordance  with  a schedule prepared by the
commissioner and made a part of such rules and regulations.
(d) Any person eligible for the payments authorized by  paragraph  (a)
of  this subdivision, who is displaced from a business or farm operation
and who is eligible under criteria established by the department may, in
lieu of such payments, elect  to  accept  a  fixed  relocation  payment,
except  that  such  payment  shall be not less than the minimum nor more
than the maximum amount provided for in the  regulations.    However,  a
person  whose sole business at the property so acquired is the rental of
such property to  others  shall  not  qualify  for  payment  under  this
paragraph.
(e)  Application  for  payment under this subdivision shall be made to
the commissioner upon forms prescribed by the commissioner 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.    No
payment  shall  be  made  under  this subdivision for any cost, expense,
difference or other amount for which payment was previously made.
(f) The regulations necessary to implement this subdivision  shall  be
consistent  with  the  applicable  provisions  of  section thirty of the
highway law, as  the  same  may  from  time  to  time  be  amended,  and
regulations issued thereunder.
9.  (a)  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 by eminent
domain who are entitled thereto, as determined by the commissioner.  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. Such rules and regulations
may further define the terms used in this subdivision.
(b) In the case of residential  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 supplemental relocation payment to such owner  shall
not  exceed  the  maximum  amount provided for in the regulations.  Such
payment shall include the following elements:
(i) the amount, if any, which when added to  the  acquisition  payment
equals  the  average price, established by the commissioner, required to
obtain a comparable replacement dwelling for such displaced  owner,  but
in no event shall such payment exceed the difference between acquisition
payment and the actual purchase price of the replacement dwelling; and
(ii)  the  amount  which  will compensate such displaced owner for any
increased interest costs which  such  person  is  required  to  pay  for
financing  the  acquisition of the 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  property.  Any
such compensating interest 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; and
(iii) an  amount  which  will  compensate  such  displaced  owner  for
reasonable  expenses  incurred for evidence of title, recording fees and
other  closing  costs  incident  to  the  purchase  of  the   comparable
replacement dwelling, but not including prepaid expenses.
(c) Any supplemental relocation payment made pursuant to paragraph (b)
of  this  subdivision  shall  be  made  only  to  a  displaced owner who
purchases and occupies a comparable replacement dwelling within one year
subsequent to the date on which such owner is required to move from  the
dwelling  acquired  pursuant  to  this section or the date on which such
owner receives from the state final payment for such acquired  dwelling,
whichever occurs later. The commissioner may extend such period for good
cause; provided however, that any payment shall be based on the costs of
relocating  the  displaced  person  to a comparable replacement dwelling
within one year of such extended date. The regulations may provide  that
advance payment of such payments may be made in hardship cases.
(d)  In  the  case  of  residential property acquired pursuant to this
section from which an owner or tenant, not otherwise eligible to receive

a  supplemental  relocation  payment  pursuant  to  the  provisions   of
paragraph  (b)  of  this subdivision, is displaced from dwelling thereon
which has been actually and lawfully occupied by such  owner  or  tenant
for not less than ninety days immediately prior to (i) the initiation of
negotiations  for  the  acquisition  of such property or (ii) such other
event as regulations may prescribe when the displacement is not a direct
result of such acquisition, such supplemental relocation payment to such
owner or tenant shall not exceed the maximum amount provided for in  the
regulations.  Such  payment  shall  be  the amount which is necessary to
enable such owner or tenant to lease or rent for a period not to  exceed
the  maximum time specified in the regulations, a comparable replacement
dwelling but such amount shall not exceed the maximum  amount  specified
in  the  regulations. Such payments may be made in periodic installments
as  determined  by  the  commissioner.    Any  person  eligible  for   a
supplemental  relocation  payment  under this paragraph may elect to use
such  payment  for  the  down  payment,  including  reasonable  expenses
incurred  by such owner or tenant 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
comparable replacement dwelling, except such payment  shall  not  exceed
the maximum amount provided for in the regulations.
(e)  Application  for  payment under this subdivision shall be made to
the commissioner upon forms prescribed by the commissioner 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. No
payment shall be made under this  subdivision  for  any  cost,  expense,
difference or other amount for which payment was previously made.
(f)  The  regulations necessary to implement this subdivision shall be
consistent with the applicable requirements of  section  thirty  of  the
highway  law,  as  the  same  may  from  time  to  time  be amended, and
regulations issued thereunder.
10. Expenses incurred in the acquisition of  the  property,  including
the cost of making surveys, preparing descriptions and maps, appraisals,
title  searches,  service  and  publication  of  notices,  and  expenses
incurred in proceedings for the removal of owners or occupants, shall be
deemed to be part of the cost of the acquisition of such  real  property
and  shall  be  paid  accordingly out of any moneys appropriated for the
acquisition of such property.
11. The state of New York shall be liable for any damages to any  real
property  caused  by  the  making of surveys, test pits, test borings or
other investigations pursuant  to  section  four  hundred  four  of  the
eminent  domain  procedure  law.    Such  damages  may  be recovered and
adjusted and paid in the same manner as provided in  this  section  with
respect to compensation for real property acquired by eminent domain.
12.  The  owner  of  any  real property acquired by eminent domain 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   caused   by   such
appropriation,  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   shall   determine  subsequent  to  the
appropriation 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  parks,  recreation
and   historic   preservation  and  a  copy  thereof  certified  by  the
commissioner to be filed in the office of the clerk or register 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 clerk
or  register,  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 grantors. On the filing
and recording of such  certificate  in  the  office  of  such  clerk  or
register, all rights acquired by the state under such temporary easement
shall  cease.  The  commissioner shall cause a further certified copy of
such certificate, with notice of the filing thereon  in  the  office  of
parks,  recreation  and  historic  preservation  and  of  the filing and
recording of a certified copy thereof in the  office  of  the  clerk  or
register,  to  be  mailed  to  each  owner  of the property affected, as
certified by the attorney general, if the place  of  residence  of  such
owner is known.
14.  The commissioner, may make arrangements with respect to any lands
heretofore or hereafter acquired by him, whereby such lands may continue
to be occupied and used by the former owners, their tenants  or  assigns
or  by any other party from a date specified in said agreement until the
state requires and obtains actual physical  possession  of  such  lands,
provided  that  during  the  period  of such occupancy, such lands shall
remain on the assessment rolls of the municipality, school districts and
other districts in which they are located and shall be subject  to  real
estate  taxes  and  assessments  in  the  same manner as privately owned
lands.  The right of a former owner, tenant, assignee or other party  to
occupy  and use such lands shall be conditioned on the prompt payment of
the full amount  of  such  taxes  and  assessments,  with  interest  and
penalties,  if  any, and compliance with the provisions of section three
hundred five of the eminent domain procedure law, if  applicable.    The
state  shall  not be liable for real estate taxes or assessments on such
lands during such a period. A copy of any such agreement shall be  filed
with  the  county  clerk  of the county in which such lands are located.
Nothing herein contained shall be construed to limit  the  authority  of
the  commissioner  to  accept conditional grants, bequests or devises of
property under other provisions of this chapter.