2023 New York Laws › EDP - Eminent Domain Procedure › Article 4 - Vesting; Possession; Abandonment › 402 - Filing of Acquisition Maps; Vesting.

§  402.  Filing  of acquisition maps; vesting. (A) In all acquisitions
under the court of claims jurisdiction provided in  subdivision  (A)  of
section  five hundred one herein, prior to acquiring property, the state
of New York, within the time prescribed by section four hundred  one  of
this law, shall:
(1) file in the main office of the agency, department, or authority or
public  benefit corporation for which the acquisition is being made, the
original tracing of the acquisition  map  or  a  microfilm  or  computer
digitized  copy  of  the  original  acquisition map of any real property
which it deems necessary for purposes connected with a  proposed  public
project,  indicating  and  describing  in  each  instance the particular
easement, interest or right, in  the  real  property  that  is  acquired
including metes and bounds or section, block and lot numbers; and
(2) notify condemnees by first class mail that the condemning party is
now  taking  steps  to  acquire such property, thereupon, subject to the
provisions of this law, the people of  the  state  of  New  York,  their
officers  and  agents  may immediately enter upon and take possession of
the real property so described for any and all purposes  connected  with
the proposed public project; and
(3) file a certified copy of such acquisition map in the office of the
county  clerk  or  register of each county in which such property or any
portion thereof is situated,  and  thereupon,  the  acquisition  of  the
property  by  the  state, described in such map shall be deemed complete
and title to such property shall be vested in the state.
(4) if the condemnor deems it necessary  to  acquire  immediately  any
property  which  is  in  the bed or beds of any streams, lakes, streets,
roads, highways, or rights  of  way  for  purposes  connected  with  the
proposed  public  project,  it  shall  cause  to be prepared an accurate
description and map of such property, indicating and describing in  each
case the particular easement, interest or right. On the approval of such
description  and  map  by the condemnor, it may proceed to vest title in
such property, easements, interests or  rights  by  acquisition  in  the
manner  hereinafter  provided. Such description and the original tracing
of such map or a microfilm or computer digitized copy  of  the  original
tracing  shall be filed in the office of the condemnor. On the filing of
such description and map in the office of the condemnor, the  people  of
the  state,  their  officers  and agents, may immediately enter upon and
take possession of the property so described for any  and  all  purposes
connected  with  the  proposed  public project. A certified copy of such
description and map shall be filed by the condemnor in the office of the
county clerk or register of  each  county  in  which  such  property  is
situated  and  thereupon  the  acquisition  by the state of the property
described in such description and map shall be deemed complete, and  the
title to such property shall vest in the people of the state.
Upon the completion of the filing in the office of the county clerk or
register as aforesaid, the condemnor shall cause a notice of such filing
of  the  description  and  map,  together  with  a  description  of such
property, to be published at least once in  a  newspaper  published  and
having  general  circulation  in  each  county  where  such  property is
situated. Claims for the value of the property acquired  and  for  legal
damages  caused by any such acquisition may be adjusted by the condemnor
in the manner provided by law notwithstanding  that  a  claim  has  been
filed  with  the court of claims, and in all cases where claims for such
damages have been agreed upon or an award has been made by the court  of
claims,  the claimant shall submit to the attorney general such proof of
title to the property so  acquired  as  shall  be  satisfactory  to  the
attorney  general.  All other statutory provisions relating to claims on

account of such acquisition shall apply to claims which may arise  under
this subdivision with the same force and effect.
(B)  In  all acquisitions under supreme court jurisdiction provided in
subdivision (B) of section five hundred one herein, the condemnor, prior
to filing an acquisition map within the time prescribed by section  four
hundred  one,  shall  obtain  an  order to acquire such property and for
permission to file such map by presentation of a  verified  petition  to
the supreme court in the judicial district where the real property to be
acquired  or  any  part  thereof,  is  situated,  in accordance with the
following procedure:
(1) The condemnor shall cause to be filed in the office of  the  clerk
of  each  county  where  the  real  property  to be acquired or any part
thereof is situated, a notice of the pendency of such  proceeding.  Such
notice  shall  briefly  state  the  object  of  the proceeding and shall
contain a general description by metes and bounds or by  section,  block
and  lot  number  of  the real property to be acquired thereby. It shall
also state the names of such of the  reputed  condemnees  of  such  real
property  as  may  be  known  to  the  condemnor, and in case any of the
condemnees are unknown, a statement to that effect shall be made in such
notice.
(2) The condemnor shall, at least twenty days prior to the return date
of the petition, serve a notice of the time, place  and  object  of  the
proceeding  upon  the owner of record of the property to be acquired, as
the same appears from the record of the office in which the  acquisition
map  is to be filed. Said notice shall contain a copy of that portion of
the proposed acquisition map affecting  the  owner's  property.  Service
shall  be  made  pursuant  to  the  civil  practice  law and rules or by
registered or certified mail, return receipt requested.  If  service  is
made  by  mail  it shall be sent to the last known address of the owner,
and the following provisions shall also apply:
(a) At least ten but not more than thirty days before the return  date
of  the  application, the condemnor shall also cause a copy of a diagram
or representation of the acquisition map showing the  perimeters  to  be
acquired  and  a notice generally describing the property to be acquired
by metes and bounds  or  by  section,  block  and  lot  numbers,  to  be
advertised  by  publishing  in  at  least  ten  successive  issues of an
official newspaper if there is one designated in the locality where  the
property  is  situated,  and  in  at  least  ten  successive issues of a
newspaper of general circulation  in  such  locality.  If  the  official
newspaper  is  one  of general circulation in such locality, publication
therein as specified shall be deemed sufficient compliance. In the event
that  the  only  newspaper  available  in  such  locality  is  a  weekly
publication  the  above  described  notice  shall  be  published in such
newspaper in at least three successive issues. Where the  condemnor  has
conducted  an article two public hearing or when the condemnor is exempt
from compliance with article two pursuant to section two hundred six the
condemnor may dispense  with  the  requirement  of  publication  in  ten
successive issues of a newspaper of general circulation.
(b) Where practicable, the condemnor shall cause copies of such notice
in  the  form  of handbills to be posted for the same period in at least
three  conspicuous  places,  upon  or  near  such  real  property.   The
inadvertent  failure  to notify any condemnee, whether of record or not,
will not invalidate any  proceedings  brought  hereunder  or  any  title
acquired by the condemnor under this law.
(3) The condemnor shall present to the court a petition verified by an
authorized officer of the condemnor setting forth:
(a)  a statement providing either the compliance with the requirements
of article two  of  this  law,  including  a  copy  of  the  condemnor's

determination  and  findings  or  a  statement  providing  the  basis of
exemption from article two;
(b)  a  copy of the proposed acquisition map to be filed and the names
and places of  residence  of  the  condemnees  of  the  property  to  be
acquired;
(c)  a  description  of  the  real  property  to  be  acquired and its
location, either by metes and  bounds  of  each  individual  parcel,  or
section,  block  and lot number, and by reference to the acquisition map
and notice of pendency attached to the petition;
(d) the public use, benefit or  purpose  for  which  the  property  is
required;
(e)  a request that the court direct entry of an order authorizing the
filing of the acquisition map in the office of  the  appropriate  county
clerk  or  register  and  that upon such filing, title shall vest in the
condemnor;
(f) if a  non-governmental  condemnor  subject  to  the  jurisdiction,
supervision  and  regulation  of  the  public  service commission or the
commissioner of transportation, it shall include  in  its  petition  for
acquisition, notice that it shall deposit a bond or undertaking with the
clerk  of  the  court  prior  to  vesting  of title to the real property
described in such petition in an amount to be fixed by the court on  the
return  date  of  the  petition. The court shall direct that the bond or
undertaking will be applied in the amount necessary, for any default  by
the condemnor in the payment of all or part of the damages determined in
the acquisition proceeding or the abandonment thereof.
The  requirement for a bond or undertaking under this subdivision, may
be waived by stipulation of the parties.  If  the  amount  deposited  is
insufficient to pay such damages and all costs and expenses awarded to a
condemnee,  judgment  shall  be  entered  against  the condemnor for the
deficiency, to be enforced  and  collected  in  the  same  manner  as  a
judgment in the supreme court;
* (g)  if  the  property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred  twenty
of  the  public  service  law  with  respect  to  which a certificate of
environmental compatibility and public need has been issued  under  such
law,  a  statement  that  such certificate relating to such property has
been issued and is in force, or if the property is to be  used  for  the
construction of a major electric transmission facility, as defined under
article  VIII  of  the public service law, with respect to which a major
electric transmission facility siting permit has been issued under  such
law,  a  statement  that  such permit relating to such property has been
issued and is in force.
* NB Effective until December 31, 2040
* (g) if the property is to be used for the construction  of  a  major
utility  transmission facility, as defined in section one hundred twenty
of the public service law, or major steam electric  generating  facility
as  defined  in  section  one  hundred forty of such law with respect to
which a certificate of environmental compatibility and public  need  has
been  issued  under such law, a statement that such certificate relating
to such property has been issued and is in force.
* NB Effective December 31, 2040
(4) Upon the presentation of the petition and  notice  with  proof  of
service thereof, a condemnee may appear and interpose a verified answer,
which  must  contain  specific denial of each material allegation of the
petition controverted  by  him,  or  of  any  knowledge  or  information
thereof,  sufficient  to  form  a  belief,  or a statement of new matter
constituting a defense to the proceeding.
(5) At the time and place mentioned in such notice, unless  the  court
shall adjourn the application to a subsequent date, and in that event at
the time and place to which the same may be adjourned, upon due proof of
service  of  notice  and  upon  filing of such petition and proof to its
satisfaction that the procedural requirements of this law have been met,
the  court  shall  direct  the  immediate  filing and entry of the order
granting the petition, which order the condemnor shall  file  and  enter
together  with  the  acquisition  map  and  the  bond  or undertaking if
required, in the office of the county clerk or register in  each  county
in  which  the  real  property or any part thereof is situated. Upon the
filing of the order and the acquisition  map,  the  acquisition  of  the
property  in such map shall be complete and title to such property shall
then be vested in the condemnor.
(6) When it appears to the satisfaction of the court at any  stage  of
the  proceedings, that the public interests will be prejudiced by delay,
it may direct that the condemnor be permitted to enter immediately  upon
the  real  property to be taken, and devote it temporarily to the public
use specified in the petition, upon the deposit with the court of a  sum
to  be  fixed by the court upon a notice to the parties of not less than
eight days, and such sum when so fixed and deposited, shall be  applied,
so  far  as  it may be necessary for that purpose, to the payment of any
award that may be made with interest thereon from the date of the  entry
of  the condemnor upon such real property, and the costs and expenses of
the proceeding, and the residue, if any, returned to the condemnor  and,
in case the petition should be dismissed, or no award should be made, or
the  proceedings  should  be abandoned by the condemnor, the court shall
direct that the money so deposited, so far as it may be necessary, shall
be applied to the payment of any damages  which  a  condemnee  may  have
sustained  by such entry upon and use of his property, and his costs and
expenses of the proceedings, such  damages  to  be  ascertained  by  the
court,  and  if  the  sum so deposited shall be insufficient to pay such
damages, and all costs and  expenses  awarded  to  the  property  owner,
judgment  shall  be entered against the condemnor for the deficiency, to
be enforced and collected in the same manner as a  judgment  in  supreme
court; and the possession of the property shall be restored.