2023 New York Laws › ENV - Environmental Conservation › Article 3 - Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction › Title 3 - General Functions, Powers, Duties and Jurisdiction › 3-0305 - Acquirement of Real Property by Purchase or Appropriation.

§ 3-0305. Acquirement of real property by purchase or appropriation.
1.    The  commissioner when moneys therefor have been appropriated by
  the legislature  or  are  otherwise  available,  may  acquire  any  real
  property  which  he deems necessary for any of the purposes or functions
  of the department, by purchase or as  provided  in  the  eminent  domain
  procedure  law.   Title to such real property shall be taken in the name
  of and be vested in the people of the  state  of  New  York.    No  real
  property  shall  be  so acquired by purchase unless the title thereto is
  approved by the  attorney  general.    The  terms  "property"  or  "real
  property"  as used in this section shall mean "real property" as defined
  by section one hundred three of the eminent domain procedure law.
2.   Whenever real property is to  be  so  acquired  pursuant  to  the
  provisions  of  the  eminent domain procedure law, by appropriation, the
  commissioner shall cause to be made an accurate acquisition  map  as  so
  provided in said law.
3.  On  the  approval  of  such  map by the commissioner, the original
  tracing of map shall, pursuant to the eminent domain procedure  law,  be
  filed in the main office of the department.
4.  If the commissioner shall determine, prior to the filing of a copy
  of such acquisition map in the office of the county clerk, 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 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 in the same manner  as  the  original  map  was
  filed  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 filing a  copy  of  an
  acquisition  map  in  the  office  of  the  county clerk, as provided in
  section four hundred two of the eminent domain procedure law, that  such
  map  should  be  withdrawn,  he  or  she  shall  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  real  property  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  in the manner provided for 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  occupant  to  be  removed  therefrom  by
  proceeding  in  accordance  with  section four hundred five of such law.
  The proceeding shall be brought in the name of the commissioner 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, 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; judgment shall  be  given  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 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 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  moneys  appropriated
  for the acquisition of property under this section.
10.  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  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; 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 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 finds and determines that the business cannot be  relocated
  without  a  substantial  loss  of  its  existing patronage, and that the
  business is not 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 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  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 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 non-profit 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
  non-profit organization.
11.    The  commissioner pursuant to section three hundred five of the
  eminent domain  procedure  law,  may  make  agreements  on  such  terms,
  condition  and  consideration  as  he deems beneficial to the state with
  respect to any property heretofore or hereafter acquired,  whereby  such
  property  may be used and occupied by the former owner, tenant or by any
  other party from a date specified in said agreement, until such time  as
  the  state  requires  and  obtains  actual  physical  possession.    The
  agreements for the use and occupancy of such property  may  be  managed,
  supervised  and  enforced  (1) by the staff, forces and equipment of the
  department of environmental conservation; or (2) by the commissioner  of
  environmental  conservation  contracting for the management, supervision
  and enforcement thereof with any person, firm or corporation; or (3)  by
  a combination of such methods.
The  use  and  occupancy of such property under the provisions of this
  section and the right of the state  or  its  duly  authorized  agent  to
  recover possession thereof shall not be subject to the emergency housing
  rent control law.
Expenses  which  are  determined  by  the  commissioner  to  have been
  incurred in connection with the use and occupancy of such  property  may
  be  paid  out  of the state treasury after audit by the comptroller from
  moneys appropriated for  the  duly  authorized  project  for  which  the
  property was acquired.  However, such expenses incurred under a contract
  for  management  and supervision of such property may be paid out of the
  gross revenue therefrom.  All moneys received by  the  commissioner  for
  such  use  or  occupancy shall be paid into the treasury of the state to
  the credit of the capital construction fund.
12.   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  pursuant
  to  this  section  who  are entitled thereto, as determined by him.  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.  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 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 negotiation, 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.  Application for payment under this subdivision  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 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.
13.  Any owner 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, 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.
14.   Expenses incurred in  the  acquisition  of  the  real  property,
  including  the cost of making surveys, and preparing maps of property to
  be acquired, serving notices, making appraisals and  agreements  and  of
  searches  ordered  and  examinations  and  readings of title made by the
  attorney general, and expenses incurred by the commissioner or  attorney
  general  in  proceedings  for  removal of owners and occupants, shall be
  deemed to be part of the cost of the acquisition of such real property.
15.  If the commissioner 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, the commissioner shall
  make  a  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  main  office  of the department and upon such filing all
  rights acquired by the state in  such  real  property  shall  cease  and
  determine.    The  commissioner  shall  cause  a  certified copy of such
  certificate as so filed in the main  office  of  the  department  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 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.
16.    The commissioner may, by official order filed in the department
  and subject to such limitations  as  he  may  prescribe,  authorize  the
  exercise  of  any  of his powers or the performance of any of his duties
  under this section by such deputy commissioners as he may designate; and
  any act performed pursuant to such authorization shall be as  valid  and
  effectual as if performed by the commissioner pursuant to this section.