2023 New York Laws › HAY - Highway › Article 3 - State Highways › 30 - Acquisition by the State of Property Required for the Construction and Reconstruction of State Highways and Structures Thereon.

§   30.  Acquisition  by  the  state  of  property  required  for  the
construction  and  reconstruction  of  state  highways  and   structures
thereon.  1.  (a)  Upon the construction, reconstruction or improvement,
pursuant to this chapter  of  a  state  highway  the  property  required
therefor  may be acquired by the state as provided in the eminent domain
procedure  law.  A  state  highway  indicated  under  this  chapter  for
construction  or  improvement,  or  any  portion of such highway, may be
constructed, reconstructed or improved, as a controlled access  highway,
upon  the  adoption of a resolution by a majority vote of the members of
the board of supervisors of the county in which the  highway  is  to  be
constructed.  The resolution of the board of supervisors herein referred
to  shall  not  be  required  in relation to highways to be projected as
through trunk routes and principally on new locations.
(b) Whenever plans for the construction, reconstruction or improvement
of a state highway which is now or which shall hereafter  be  designated
in  section  three  hundred forty-one of this chapter, shall provide for
the relocation of such state highway or portion thereof  on  a  location
which  deviates  from  the  location  of  the  existing  highway  for  a
continuous length in excess of one mile as  measured  along  the  center
line  of the existing highway, the commissioner of transportation shall,
before filing the descriptions and the original tracings of any maps  or
proceeding with the acquisition of property or the work of construction,
reconstruction  or  improvement,  transmit  such  plans  to the board of
supervisors of each county in  which  such  relocation  or  any  portion
thereof  is  situated.  In case the relocation or any portion thereof as
proposed, is situated in a county other than the  county  in  which  the
existing  highway  or  portion  thereof  is located, such plans shall be
transmitted to both of  such  counties  and  shall  be  subject  to  the
approval,  disapproval  or  modification by each of such counties in the
manner as hereinafter provided. The  board  of  supervisors,  after  the
receipt  of  such  plans,  may conduct a public hearing or hearings upon
such notice as such board of supervisors shall deem reasonable, but  not
less  than  ten  days, to the commissioner of transportation and to such
other party or parties  deemed  by  said  board  of  supervisors  to  be
interested  in  the  project. In any event, and within ninety days after
receipt of the plans, the board of  supervisors  shall,  by  resolution,
duly  adopted  by a majority vote of its members, approve, disapprove or
recommend modifications in such  plans  as  the  public  interest  shall
require. Within ten days after the adoption of the resolution, the clerk
of  the  board of supervisors shall mail a certified copy thereof to the
commissioner of transportation. In case such relocation is  situated  in
two  or more counties, such resolution must be separately adopted by the
board of supervisors of  each  county  as  to  the  relocation  situated
therein.  The  form  of  the  resolution  shall  be  prescribed  by  the
commissioner of transportation. In case the board of  supervisors  shall
disapprove  the plans, without proposing modifications, the commissioner
of transportation may, in his discretion,  prepare  and  submit  to  the
board  of  supervisors  for  approval  other plans for the construction,
reconstruction or improvement of the state highway to be acted  upon  by
the  board  of  supervisors in the manner herein prescribed within sixty
days after receipt of such plans. In case the board of supervisors shall
disapprove  the  plans,   and   shall   recommend   modifications,   the
commissioner  of transportation may approve the plans as so modified, or
recommend other modifications for approval, and such state highway shall
be constructed, reconstructed, or improved in accordance with such plans
as finally approved. When the plans, for construction, reconstruction or
improvement of a state highway have  finally  been  approved  as  herein
provided,  no  resolution thereafter adopted by the board of supervisors

of a county shall rescind, annul or modify such prior resolution  either
directly  or  indirectly, excepting upon the advice and with the consent
of the commissioner of transportation. Upon the failure or  omission  of
any  board  of  supervisors  to  act  within  the time and manner herein
required, the said plans shall be deemed to be approved so far  as  such
board of supervisors is concerned.
2. The commissioner of transportation, for and in behalf of the people
of  the  state  of  New York may acquire, pursuant to the eminent domain
procedure law any and  all  property  necessary  for  the  construction,
reconstruction and improvement of state highways and bridges or culverts
on the state highway system, including the appropriation of property for
drains,  ditches,  spoil banks, gravel pits and 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  and  for  the  separation   of
highway-railroad  grades  on  newly  laid-out  highways;  and  for other
purposes to improve safety conditions on the state highway system.  When
the  commissioner  is  exercising the property acquisition power granted
him pursuant to subdivision six of section eighty-nine of this  chapter,
relating  to control of junkyards and scrap metal processing facilities,
such term  "property"  shall  include  junk  located  upon  land  to  be
appropriated and described on the acquisition map in a manner sufficient
to permit reasonable identification thereof.
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 highway 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.
Unless access to and from abutting property is expressly acquired by the
terms of the  description  and  map,  any  permanent  drainage  easement
heretofor or hereafter acquired pursuant to this chapter shall be deemed
as  reserving  to the owner of the property, his successors and assigns,
the right of access over, through or across  the  easement  for  utility
lines,  cables  or conduits and by foot or by vehicle and with the right
to construct and maintain on such property a road or roads as  necessary
for the exercise of such right, provided that the exercise of such right
does  not  interfere  with  the  drainage  for  which  the  easement was
acquired. 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 county clerk as  aforesaid,
that  changes,  alterations or modifications of such map as filed in the
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,  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  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 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  for  in  the  eminent
domain  procedure  law, the commissioner of transportation 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
said   law.  The  proceeding  shall  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, 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.
8.  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, after audit by the
comptroller, from moneys appropriated for purposes connected  with  such
highway  projects,  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 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.
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; of actual
reasonable expenses in searching for a replacement business or farm; and
of actual reasonable expenses necessary to reestablish a displaced farm,
not-for-profit  organization  or small business at its new site, but not
to exceed ten thousand dollars, or in hardship  cases  for  the  advance
payment  of  such expenses and losses. 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  and  actual  reasonable  reestablishment  expenses,  any  such
displaced owner or tenant of commercial property who  meets  eligibility
criteria  and  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 one thousand dollars nor more
than twenty thousand dollars. A  displaced  not-for-profit  organization
may choose a fixed payment of one thousand to twenty thousand dollars in
lieu  of  the  payment for actual moving and related expenses and actual
reasonable reestablishment expenses if  eligibility  criteria  are  met.
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
not-for-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 not-for-profit
organization. The term "small business" means a business having not more
than five hundred employees  working  at  the  site  being  acquired  or
permanently  displaced.  As  used  in  this  subdivision, the term "farm
operation" means any activity conducted  solely  or  primarily  for  the
production of one or more agricultural products or commodities including
timber, for sale or home use, and customarily producing such products or
commodities  in  sufficient  quantities  to  be  capable of contributing
materially to the operator's support.
11. 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.
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 or replacement housing. 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 twenty-two
thousand five hundred 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
a  replacement dwelling which is decent, safe and sanitary. 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.  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 the department identifies, for the displaced owner,
replacement housing actually available within the limits  of  the  offer
extended for replacement housing, 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 five thousand  two
hundred  fifty  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  forty-two  months, 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.  Such  payment  may be used as a 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.  Such  payments  may  be made in installments as
determined by the commissioner. However, notwithstanding the  provisions
of  this  subdivision,  if  it  is  determined  by the commissioner that
replacement housing cannot be obtained for the  supplemental  relocation
payments  specified  herein,  he  may,  subject  to  the approval of the
director of the budget, take such action as is necessary or  appropriate
to  provide last resort housing with the use of funds authorized for the
project. 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.  The  owner  of  any  property,  easements,  interests  or  rights
acquired,  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 from moneys appropriated for the
construction,  reconstruction  or  improvement  of  state  highways  and
bridges.
14.  If  the  work  of  construction  or reconstruction of any highway
project shall cause actual 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 on  the  part  of  the  state  not
already  existing  in law. Claims for such damage may be adjusted by the
commissioner 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  the   construction   or
reconstruction of such highway project as prescribed by this section. If
the amount of any such claim is not agreed upon, such claim may pursuant
to the eminent domain procedure law, 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 by the commissioner of transportation.
15.   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  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.
16. 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
notice  of  acquisition,  publication, making title searches, appraisals
and agreements, and examinations and readings  and  approval  of  titles
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 and reconstruction or improvement
of state highways and bridges 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 after audit by the state
comptroller.
17. Notwithstanding the provisions of any general,  special  or  local
law,  the  commissioner  of  transportation,  his  officers,  agents  or
contractor and the officers or agents of the United States when  engaged
on  such highway projects, may, pursuant to section four hundred four of
the eminent domain procedure law, enter upon 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 entry,  work  or  occupation  not  exceeding  twenty-five
hundred  dollars  may  be  adjusted  by agreement by the commissioner of
transportation with the owner of the property affected as determined  by
him  by  reasonable  investigation  without appropriating such property.
Upon making any such  adjustment  and  agreement,  the  commissioner  of
transportation  shall  deliver  to  the comptroller such agreement and a
certificate stating the amount due such owner and the  amount  so  fixed
shall be paid out of the state treasury from monies appropriated for the
acquisition  of  property  for the project requiring such entry, work or
occupation.
18. The commissioner  of  transportation  may  determine  whether  any
property  heretofore  or hereafter acquired pursuant to this section for
any of the purposes connected with the highway system of  the  state  of
New  York  may  be,  in  whole  or  in  part, sold or exchanged on terms
beneficial to the state, and in all cases of such determination he  may,
subject  to  compliance  with  section  four  hundred six of the eminent
domain procedure law and notwithstanding the provisions of any  general,
special  or  local  law,  so dispose of such property, provided however,
that on highways  where  access  is  not  controlled  such  disposal  of
property  shall  not  thereby  deprive an owner of any existing frontage
thereon immediately in front of his premises. 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, or a grant in and  to,  such  property.  Each
such  instrument of conveyance shall be prepared by the attorney general
and  before  delivery  thereof,  shall be approved by him as to form and
manner of execution.
20. If, subsequent to the acquisition of a temporary easement right in
property pursuant to this section, the commissioner shall determine; (a)
that the purposes for which such easement right was acquired  have  been
accomplished  and  that  the use and occupancy of said property for such
purposes is no longer necessary, or (b) that the  period  fixed  by  the
terms  of  such  easement  for  expiration of the same should be further
limited, or  (c)  if  the  acquisition  of  such  easement  was  for  an
indefinite  period, that such period should be fixed and determined, the
commissioner  shall  make  a  certificate  to  such  effect.  Upon   the
expiration  of  the  then fixed and determined term of the easement, the
easement will expire by the terms of the certificate  and  the  affected
property  will  be surrendered back to the owner, free of such easement,
and the easement will be accordingly thereupon terminated, released  and
extinguished. The commissioner shall cause a copy of such certificate to
be  filed  in  the  main office of the department. In the event that the
term of a temporary easement has been fixed at a specific period of time
by the description and map no further certificate shall be required.
The commissioner shall cause a copy of such certificate together  with
notice  of the filing thereof 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.  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. On the filing of such certificate and notice with such officer
it  shall  be  the duty of such officer to record same in the books used
for recording deeds in the office of such officer.
21.  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  and
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 highway 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
appropriation claims, provided, however, that no real property shall  be
so  acquired  unless the title thereto shall be approved by the attorney
general.