2023 New York Laws › PBG - Public Housing › Article 7 - Acquisition of Property › 125 - Proceedings to Condemn.

§  125.  Proceedings  to  condemn.    1.  To  initiate  a condemnation
proceeding, an authority may adopt a resolution describing the  property
and  declaring  that  the  acquisition  of the property is in the public
interest and necessary for the public use, and that the property  sought
to  be  condemned is or will be required for a project. A certified copy
of the authority's resolution shall be conclusive  evidence  as  to  the
matters  contained therein in any condemnation proceeding to acquire the
property, or any part thereof, described in such resolution.
2. An authority may exercise the power of condemnation pursuant to the
provisions of the eminent domain procedure law.
3. An authority may petition the municipality to institute proceedings
under any applicable general, special or local law, to acquire  property
described  in  the  petition  which  the  authority  has certified to be
necessary for a project. The resolution granting the petition shall  set
forth  the  amount  to  be paid by the authority to the municipality for
such property or in lieu thereof that the authority  shall  pay  to  the
municipality  all  sums  expended  or  required  to  be  expended by the
municipality in the acquisition thereof, and the  time  of  payment  and
manner   of   securing   payment  thereof,  and  may  require  that  the
municipality shall receive, before proceeding with  the  acquisition  of
such  property,  such  assurances  as to payment or reimbursement by the
authority or otherwise as the municipality may deem advisable.  Upon the
passage  of  a  resolution  by  the  local  legislative  body   of   the
municipality  granting  the  petition,  the  authority shall cause three
copies of surveys or maps of the property described in the  petition  to
be made, one of which shall be filed in the office of the authority, one
in  the  office  of  the corporation counsel or chief law officer of the
municipality, and one in the office in which instruments affecting  real
property  in  the  county  are  recorded.  The  filing of such copies of
surveys or maps shall be conclusive evidence of the  acceptance  by  the
authority   of   the  terms  and  conditions  of  such  resolution.  The
municipality may proceed under  the  eminent  domain  procedure  law  to
acquire  title  to  such property. When title to the property shall have
vested in the municipality, it shall convey the same  to  the  authority
upon payment by the authority of the sums and the giving of the security
required by the resolution granting the petition. As soon as title shall
have   vested   in   the  municipality,  the  authority  may,  upon  the
authorization of the mayor, enter upon the property taken, take over and
dispose of existing improvements, and carry out the terms of the project
with  respect  thereto.  Whenever  in   connection   with   condemnation
proceedings,  requirement  is made in any applicable general, special or
local law for the performance of an act by a department  or  officer  of
the  municipality, it shall be regarded for the purposes of this section
as compliance therewith if with the approval of the mayor  such  act  is
performed by the authority or by persons specially designated by it.
4.  In  any proceedings for the assessment of compensation and damages
for property taken  or  to  be  taken  by  condemnation  by  or  for  an
authority, the following provisions shall be applicable:
(a)  Evidence  of  the price and other terms upon any sale or the rent
received or reserved, whichever  is  less,  and  other  terms  upon  any
option,  lease or tenancy relating to any of the property taken or to be
taken or to any similar property in the vicinity when the  option,  sale
or lease was given, occurred or the tenancy existed, within a reasonable
time  of  the  trial,  shall be admissible on direct examination. At any
stage of the proceeding, the court or tribunal may  require  such  prior
notice to be given of an intention to introduce evidence as to the sale,
option,  leasing or tenancy of property other than the property directly

involved in the proceeding and of particulars relating thereto as it may
deem necessary to prevent surprise.
(b) The deposition of any person, whether or not a party, may be taken
in  the  manner provided for any civil action and the provisions of this
section. Such deposition may be taken upon any question or issue in  the
proceeding, including the facts as to any sale, option, lease or tenancy
admissible  in evidence pursuant to this subdivision. The deposition may
be taken at the instance of the authority, the municipality  or  of  any
owner  or at the direction of the court, at any time during the pendency
of the action or proceeding. At least five days' notice, or  if  service
is through the mails, at least eight days' notice, shall be given of the
taking  of  the  testimony, if on the part of an owner, to the authority
and to all other owners who have appeared in the proceeding; if  by  the
authority  or  a  municipality,  to  all owners who have appeared in the
proceeding.
(c) Any time during the pendency of such  action  or  proceedings,  an
authority,  municipality or an owner may apply to the court for an order
directing an owner or the authority or the municipality, as the case may
be, to show cause why further proceedings should not be  expedited,  and
the  court  may  upon  such application make an order requiring that the
hearings proceed and that any other steps be  taken  with  all  possible
expedition.
(d)  For the purposes of this article, the award of compensation shall
not be increased by reason of any increase in the value of the  property
caused  by  the  clearance,  reconstruction  or  proposed  clearance  or
reconstruction for the purposes of this chapter of the  property  or  of
the  area  in which the property is situated. No allowance shall be made
for improvements begun on property after notice to  the  owner  of  such
property of the institution of the proceedings to condemn such property.
(e)  Evidence  shall be admissible bearing upon the insanitary, unsafe
or substandard condition of the premises, or the illegal use thereof, or
the enhancement of rentals from such illegal use, and such evidence  may
be  considered  in  fixing  the compensation to be paid, notwithstanding
that no steps to remedy or abate such conditions have been taken by  the
department  or  officers having jurisdiction. If a violation order is on
file against the premises in any such department,  it  shall  constitute
prima facie evidence of the existence of the condition specified in such
order.
(f) If any of the property included within the project is devoted to a
public  use,  it  may nevertheless be acquired provided that no property
belonging to the municipality or  to  any  government  may  be  acquired
without  its  consent,  and  no  property  belonging to a public utility
corporation may be acquired without the approval of  the  commission  or
other officer or tribunal having regulatory power over such corporation.
(g)  Upon the trial, evidence of the price and other terms upon a sale
or assignment or of a contract for the sale or assignment of a mortgage,
award, proposed award, transfer of a tax lien  or  lien  of  a  judgment
relating  to  property taken, shall be relevant, material and competent,
upon the issue of value or damage and  shall  be  admissible  on  direct
examination.
(h)  Upon  the  trial  a  statement,  affidavit,  deposition,  report,
transcript of testimony in an action or proceeding, or appraisal made or
given by any owner or prior owner of  the  premises  taken,  or  by  any
person  on  his behalf, to any court, governmental bureau, department or
agency respecting the value of the property for tax purposes,  shall  be
relevant,  material  and competent upon the issue of value or damage and
shall be admissible on direct examination.
(i) The term "owner", as used in this section, shall include a  person
having an estate, interest or easement in the property to be acquired or
a lien, charge or encumbrance thereon.