2023 New York Laws › HAY - Highway › Article 12-A - State Thruways › 347 - Property for State Thruways, Bridges Thereon, and Other Thruway Uses and Purposes to Be Acquired by Appropriation.

§ 347. Property for state thruways, bridges thereon, and other thruway
  uses  and  purposes  to be acquired by appropriation. 1. Notwithstanding
  any inconsistent provisions of this chapter or any other law, general or
  special,  any  and  all  property  necessary   for   the   construction,
  reconstruction  and  maintenance  of state thruways and bridges thereon,
  shall be acquired pursuant to the eminent domain procedure law.
2. The commissioner of transportation, for the people of the state  of
  New York, shall acquire pursuant to the eminent domain procedure law any
  property  or  interest  therein,  necessary  for  any  and  all purposes
  connected with the construction, reconstruction and maintenance  of  the
  thruway  system  of  the state of New York, including the acquisition of
  property for drains, ditches, spoil banks, gravel pits, stone  quarries;
  also  for  the  removal of obstructions, improvement of sight distances;
  also for acquisition of property  for  the  reconstruction  of  existing
  highway-railroad  separation  structures upon incorporation into a state
  thruway of an existing highway or portion thereof of which they  form  a
  part,  and  for  the  separation  of  thruway-railroad  grades  on newly
  laid-out thruways; and for other purposes to improve  safety  conditions
  on the thruway routes.
3.  The  commissioner  of transportation shall cause to be prepared an
  accurate acquisition map of any property which he may deem necessary for
  purposes connected with such thruway projects or of any property in  and
  to  which  he  may  deem  the  acquisition  or  exercise of an easement,
  interest or right to be necessary  for  such  purposes,  indicating  and
  describing  in  each case the particular easement, interest or right. On
  the  approval  of  such  acquisition  map   by   the   commissioner   of
  transportation,  he shall acquire such property, easements, interests or
  rights pursuant to the eminent domain procedure law.
4. If the commissioner shall determine, prior to the  filing  of  such
  copy  of  the  acquisition  map  in  the  office  of the county clerk as
  aforesaid,  that  changes,  alterations   or   modifications   of   such
  description  and  map  as filed in the main office of the New York state
  thruway authority should be made,  he  or  she  shall,  subject  to  the
  provisions  in  article  two  of  the  eminent  domain  procedure law if
  applicable, direct the preparation of an amended acquisition map, either
  by preparing a new map or by making changes on the original  tracing  of
  such  map,  with  a notation indicating such changes. On the approval of
  such amended map by the commissioner, it shall  be  filed  in  the  main
  office of the New York state thruway authority 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  the
  map in the office of the county clerk or register 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 New York state thruway authority  and  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 of transportation 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 of
  transportation the names of  the  owners  of  the  property,  easements,
  interests or rights 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 in the eminent domain
  procedure  law,  the  commissioner  of  transportation,  or  such   duly
  authorized  representative  or  agency  which  has  succeeded him in the
  jurisdiction  of  the  property  so acquired, shall deem it necessary to
  cause the removal of an owner or other occupant from such  property,  he
  may  cause  such  owner  or  other  occupant  to be removed therefrom by
  proceeding in accordance with section four hundred five of such law. The
  proceedings shall in all  instances  be  brought  in  the  name  of  the
  commissioner  of  transportation  as  agent  of the state. If any person
  proceeded against shall contest the petition by an  answer  raising  any
  material   issue,  the  attorney  general  shall  be  notified,  and  he
  thereafter  shall  represent  the  petitioner  in  the  proceedings.  No
  execution  shall  issue  for costs, if any, awarded against the state or
  the commissioner of transportation, but they shall be part of the  costs
  of  the  acquisition  and  be  paid  in  like manner. Proceedings may be
  brought separately against one or more of the owners or other  occupants
  of  a  property, or one proceeding may be brought against all or several
  of the owners or other occupants of  any  or  all  property  within  the
  territorial  jurisdiction  of  the same justice or judge; judgment shall
  effect or be  made  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.
9.  The  commissioner  of  transportation  upon  making  any agreement
  provided for in  section  three  hundred  four  of  the  eminent  domain
  procedure  law  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 from moneys appropriated
  for the construction, reconstruction and maintenance of  state  thruways
  and  bridges thereon, 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.
10. Application for reimbursement of incidental expenses  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 monies
  appropriated for the acquisition of property under this section.
11. The commissioner of  transportation,  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  nonprofit  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 nonprofit organization.
12.  The  commissioner  of  transportation  pursuant  to section three
  hundred five of the eminent domain procedure law may make agreements  on
  such  terms,  conditions 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  transportation;  or   (2)   by   the
  commissioner   of   transportation   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 of transportation 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
  of transportation for such use or  occupancy  shall  be  paid  into  the
  treasury of the state to the credit of the capital construction fund.
13.   Authorization   is   hereby   given   to   the  commissioner  of
  transportation 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  payments  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 action.
  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  negotiations 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.
14.  Any  owner  may  pursuant  to  section  five hundred three of the
  eminent domain procedure law present to the court of claims a claim  for
  the  value  of such property acquired 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 from moneys
  appropriated for the construction,  reconstruction  and  maintenance  of
  state thruways and bridges thereon.
15.  If  the work of constructing, reconstructing and maintaining such
  state thruways  and  bridges  thereon  causes  damage  to  property  not
  acquired as above provided, the state shall be liable therefor, but this
  provision  shall  not  be  deemed  to  create  any liability not already
  existing by statute. Claims for such  damage  may  be  adjusted  by  the
  department  of transportation, if the amounts thereof can be agreed upon
  with the persons making such claims, and any amount so agreed upon shall
  be paid as a part of the cost of such improvement as prescribed by  this
  section.  If the amount of any such claim is not agreed upon, such claim
  may be presented to the court of claims which is  hereby  authorized  to
  hear  such  claim  and determine if the amount of such claim or any part
  thereof is a legal claim against the state and if it so  determines,  to

  make  an  award  and enter judgment thereon against the state, provided,
  however, that such claim is filed with the court of claims within  three
  years  after  the final acceptance of the work of the improvement by the
  commissioner of transportation.
16.   Notwithstanding   any  other  provision  of  this  section,  the
  commissioner of transportation shall have the power to acquire by  grant
  or  purchase,  in  the  name of the people of the state of New York, any
  property which he deems necessary for any of the purposes  provided  for
  in  this  section  and  may  also  acquire  for  such  purposes from the
  Palisades interstate park commission, in the name of the people  of  the
  state  of  New York, such lands and such easements, licenses, permits or
  other rights over lands as the said commission is authorized  to  grant,
  sell,  exchange  or convey. When the acquisition by appropriation, grant
  or purchase of property deemed  necessary  for  thruway  purposes  would
  result  in  substantial  consequential  damages to the owner's remaining
  property, due to loss of access, severance or  control  of  access,  the
  commissioner  of  transportation, for and in behalf of the people of the
  state of New York, may acquire by purchase or grant all or  any  portion
  of  such  remaining property. Payment therefor, if any, shall be made in
  the manner prescribed in  this  section  for  the  payment  of  adjusted
  acquisition claims, provided, however, that no real property shall be so
  acquired  unless  the  title  thereto  shall be approved by the attorney
  general.
17. The expense of the acquisition of property including the  cost  of
  making  surveys  and  preparing  descriptions and maps of property to be
  acquired, and of administrative duties in connection therewith,  serving
  notices   of   appropriation,  making  title  searches,  appraisals  and
  agreements, and examinations and readings of title made by the  attorney
  general,  and expenses incurred by the commissioner of transportation or
  the attorney general in proceedings for removal of owners or  occupants,
  shall be deemed part of the cost of such improvement. The comptroller is
  hereby  authorized  to  charge  against  any  moneys  available  for the
  construction, reconstruction  and  maintenance  of  state  thruways  and
  bridges  thereon and to reserve therefrom such sums as may be sufficient
  to defray the necessary expenses to be incurred by the attorney  general
  for  examination, readings, and approval of titles, upon the filing with
  him by the attorney general from  time  to  time  of  a  certificate  or
  certificates  approved  by  the  commissioner  of transportation setting
  forth such estimated expenses. Such expenses  shall  be  paid  from  the
  funds so reserved.
18.  Notwithstanding  the  provisions of any general, special or local
  law, the commissioner of transportation, his  officers  or  agents  when
  engaged  on  work  connected with the thruway system of the state of New
  York, as described in this chapter may pursuant to  the  eminent  domain
  procedure law enter upon any property for the purpose of making surveys,
  test  pits, test borings, or other investigations and also for temporary
  occupancy during construction. Claims for any damage caused by such work
  and not  exceeding  two  thousand  five  hundred  dollars  may,  without
  appropriating   such   property,   be   adjusted  by  agreement  by  the
  commissioner of transportation with the owner of the  property  affected
  as  determined  by  him  by  reasonable investigation, and the amount so
  agreed upon shall be paid out of the state treasury, after audit by  the
  comptroller,    from   monies   appropriated   for   the   construction,
  reconstruction and maintenance of state thruways  and  bridges  thereon,
  but  not  until  there  shall  have  been  filed  with the comptroller a
  certificate of the attorney general approving, as to form and manner  of
  execution, such agreement and any release given in consideration of such
  payment.
19.  The  commissioner  of  transportation  may  determine whether any
  property acquired for any of the purposes  connected  with  the  thruway
  system  of  the  state  of  New York pursuant to this section may, while
  under his jurisdiction, and subject  to  compliance  with  section  four
  hundred  six  of the eminent domain procedure law, be sold or exchanged,
  in whole or in part, on terms beneficial to the state, and in all  cases
  of such determination he may sell or exchange such property; in order to
  carry  any  such  sale  or  exchange  into  effect,  the commissioner of
  transportation is hereby authorized to execute and deliver, in the  name
  of the people of the state, a quitclaim of such property.
20.  If  the  commissioner  of transportation, or such duly authorized
  representative or agency which has succeeded him in the jurisdiction  of
  the  property affected, shall determine subsequent to the acquisition of
  a temporary easement right in property and subsequent to the filing of a
  map of such property in the office of the county clerk or  register,  as
  aforesaid,  that the purposes for which such easement right was acquired
  have been accomplished and that the use and occupancy of  said  property
  for state thruway purposes are no longer necessary, and that, therefore,
  the  term  of  such  easement  should  then  be  terminated,  or  if the
  appropriation of such easement was for an indefinite  period,  that  the
  end of such period should be fixed and determined, or that the period of
  such easement has by its terms expired, he shall make his certificate to
  that effect and, in case he certifies that the use and occupancy of such
  property  for  such  thruway  purposes are no longer necessary, he shall
  further certify that the property  in  which  such  easement  right  was
  acquired  is surrendered back to the affected owner of said property and
  that  such  easement  right  is  thereupon  terminated,   released   and
  extinguished. The commissioner of transportation, or his said successor,
  shall  cause a copy of such certificate to be filed in the office of the
  department of state. Upon the filing of such certificate in  the  office
  of  the  department  of  state,  the  term  of such easement, or all the
  easement rights acquired by the state in such property, shall, by virtue
  of such filing and in accordance with  the  determination  expressed  in
  such  certificate,  be fixed and determined, or terminated, released and
  extinguished. The commissioner of transportation, or his said successor,
  shall cause a copy of such  certificate  together  with  notice  of  the
  filing  thereof in the office of the department of state to be mailed to
  the current owner of the property affected, so far as such owner and his
  place  of  residence  can  be   ascertained   by   him   by   reasonable
  investigation.  A  further copy of such certificate and notice of filing
  shall be filed in the office of the recording  officer  of  each  county
  wherein  the  property  affected  is situated. Upon the filing with said
  officer of such certificate, in the form  aforementioned,  and  of  such
  notice, it shall be his duty, without further requirement, to record the
  same in the books used for recording deeds in his office.