2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 15 - Water Supply › 15-1523 - Indirect Damages; Decision and Payment as to Rochester.

§ 15-1523. Indirect damages; decision and payment as to Rochester.
1.  Whenever  the  department  shall  decide that the execution of any
  water supply project by the city of Rochester will result in damages  to
  persons and property, the determination of and payment for which are not
  otherwise  provided  for  by  law,  the department shall so state in its
  decision and it may order that such damages be determined  and  paid  in
  accordance with the provisions of this section.
2.  Whenever the department shall make such a decision relating to the
  determination and payment of damages pursuant to the provisions of  this
  section,  any  person  who is on the date of such decision, the owner of
  any real estate not  taken  by  the  applicant,  or  the  owner  of  any
  established  business,  directly  or  indirectly  decreased  in value by
  reason of the acquiring of land for or on account of a new or additional
  water supply project, his heirs, personal representatives  and  assigns,
  shall  have  a right to damages for such decrease in value.  The city of
  Rochester may agree with such person as to the amount of  such  damages,
  and,  if  such  agreement cannot be made, such damages, if any, shall be
  determined in the manner provided in the eminent  domain  procedure  law
  for  the  ascertaining  and  determining of the value of the real estate
  taken for such project, and the  court  shall  not  be  limited  in  the
  reception  of  evidence  to  the  rules  regulating  the proof of direct
  damages. The amount of such damages so agreed upon,  or  determined,  as
  aforesaid, shall be paid and collected in the same manner as is provided
  for the payment of awards in condemnation proceedings as provided in the
  charter of the city of Rochester for the taking of real property.
3.  A  person  employed  in  a  manufacturing  establishment, or in an
  established business, or upon any lands, who is not the  owner  or  part
  owner   thereof,   which  manufacturing  establishment,  or  established
  business, is injured or destroyed, or which lands are taken or  acquired
  under  or  on  account  of the carrying out of such project, and who has
  been so employed continuously for at least six months prior to the  date
  of  the  decision of the department and who continues in such employment
  up to the time of such injury, destruction, taking or acquisition, shall
  have a claim for damages against the city  of  Rochester  equal  to  the
  salary  or  wages  paid  to such employee for the six months immediately
  preceding the date of such decision. Such damages may be  determined  by
  agreement  with the city of Rochester, or, in case such agreement cannot
  be made, such employee may  maintain  an  action  against  the  city  of
  Rochester in the Supreme Court to recover such damages, not, however, to
  exceed  the  sum  of  the  salary  or  wages paid him for the six months
  immediately preceding the date of the decision of the department.
4. If the department shall so approve of a project, or  a  part  of  a
  project, the execution of which is to be deferred, or, if for any reason
  such execution shall thereafter be deferred, the department shall in its
  decision,  or in a modification thereof, fix a date, other than the date
  of the decision, which shall be held to be  applicable  to  all  damages
  arising  from  the  execution  of  such  project,  or  of such part of a
  project.
5. The powers, rights, privileges and duties  granted,  conferred  and
  imposed  by the provisions of this section are hereby granted, conferred
  and imposed notwithstanding any inconsistent provision in  this  or  any
  other general or special law.