2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1616 - Application to Compensation Arising Out of Appropriation of Real Property by the State.

§  1616.  Application  to compensation arising out of appropriation of
  real property by the state. 1. The procedure authorized by sections 1601
  through 1614 as to  a  sale  of  real  property,  covering  all  created
  interests  as mentioned therein and qualified in section 1615, shall, so
  far as practicable, apply also to an application concerning  payment  of
  compensation  arising  out  of  any  appropriation  by the state of real
  property or of any interest therein, for public  purpose,  in  the  same
  manner  that  such procedure would apply, but for such appropriation, to
  an application thereunder for an order directing that the real  property
  in question, or a part thereof, be sold.
2. For the purpose, however, of the relief sought under the provisions
  of  this  section,  all  references  in  this  and  in  any of the above
  enumerated sections to a trustee  or  a  trust  shall  be  construed  as
  relating  only  to  a trust estate created by an instrument other than a
  will and under which the trustee has no valid power  of  sale  over  the
  subject  property.  Where,  however,  a valid power of sale is given the
  trustee under such instrument, he is hereby authorized  to  execute  the
  transaction  in  the  same  manner  a  testamentary trustee may do under
  section two hundred fifty-c of the  surrogate's  court  act,  and  which
  execution,   including   all   releases   given   thereunder   by   such
  nontestamentary  trustee,  shall  in  similar  scope  be   binding   and
  conclusive  on all persons and interests as covered thereby in said last
  mentioned section.
3. In the case of any such appropriation where relief is sought  under
  this  section,  the  relevant  proof  to  be  taken  and the hearing and
  examination to be had before final order under the provisions of section
  1609 shall be as to whether the compensation offered by  the  state,  or
  any  agency  or  department  thereof, by way of a provisionally executed
  agreement of adjustment or  otherwise,  for  the  total  value  of  such
  appropriated  property  or  interest  and of all legal damages caused by
  such appropriation, represents the fair market value of such property or
  interest and just compensation therefor and for all legal damages caused
  by such appropriation, including the damages, if any, sustained  by  the
  entry  upon,  use  or  occupation of, or injury to, said property by the
  state prior to completion of appropriation. If the court is satisfied as
  to the adequacy of said offer, it shall,  in  the  final  order  in  the
  proceeding,  authorize  the applicant if acting as trustee, and, if not,
  then a referee to be appointed  thereunder  to  execute  the  authorized
  transaction,  to  enter  into  or adopt any such agreement of adjustment
  with, and in form submitted by, the state or any  agency  or  department
  thereof  for the total compensation so offered; and on report under oath
  to the court by such  trustee  or  referee  of  any  such  agreement  of
  adjustment  so  undertaken by either of them, if it appears to the court
  to conform in  all  particulars  to  the  final  order  authorizing  the
  transaction,  an  order  shall  be  made  approving  and confirming such
  agreement of adjustment and directing  such  trustee  or  referee,  upon
  consummation  thereof,  in  behalf  of all persons in interest as to the
  property affected by said appropriation, or as to  the  proceeds  to  be
  derived  therefrom  in  said transaction, who shall have become bound by
  said proceeding under the provisions of  section  1614  to  execute  and
  deliver  to the state and/or any agency or department thereof, a release
  of all claims on the part of such persons in interest  with  respect  to
  the  total compensation offered as aforementioned, together with any and
  all other documents and instruments which may be required by  the  state
  or any agency or department thereof to give full effect to such release,
  and  which  release  and attendant documents and instruments shall, upon
  such execution and delivery  thereof,  become  and  remain  binding  and
  conclusive on all of the aforesaid persons in interest.
4.  Said  order of confirmation shall, in the discretion of the court,
  provide for  payment  out  of  said  total  compensation  of  reasonable
  disbursements and of such allowances as to the court may seem proper, in
  the manner and respectively to the participants and persons mentioned in
  section  1613,  and  shall  also  authorize  said  trustee or referee to
  receive the net proceeds therefrom after  such  payment  and  to  apply,
  safeguard, manage and distribute said remaining fund as directed in said
  order  of confirmation and in accordance with the relevant provisions of
  section 1613.