New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 13 - Acquisition Of Real Estate › Section 13.2 - Rules governing acquisition of land

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided by law, lands shall be acquired in
				  accordance with the following rules:
(a) An agreement must be secured with the
				owner of the property and filed in the office of the Comptroller.
(b) An appraisal of the land to be acquired
				shall be made by the department, commission or agency authorized to purchase.
				The contract of purchase or agreement or adjustment with the owner shall be
				made upon the basis of such appraisal.
(c) The appraisal shall be submitted to the
				Bureau of Rights-of-Way and Claims of the Department of Transportation for
				review and approval and copies of the appraisal shall be forwarded to the
				Division of the Budget and to the Comptroller.
(d) Contracts of purchase and agreements of
				adjustment shall be submitted to the Attorney General for approval as to form
				and manner of execution. There should be endorsed on each contract or agreement
				the appropriation from which payment is to be made. The endorsement should
				contain the title, chapter, number and year of the appropriation.
(e) When the appraisal has been approved by
				the Bureau of Rights-of-Way and Claims of the Department of Transportation, the
				contract or agreement and copies of the Land Contract Obligation and Approval
				Slip (AC 16) listing accounts to be encumbered, shall be submitted to the
				Comptroller for his approval.
(f)
				Voucher for all searches ordered by the Attorney General shall be approved by
				him. Vouchers for a search ordered by an agency acquiring the lands, shall be
				approved by the Attorney General and shall not exceed ordinary legal
				fees.
(g) All descriptions to be
				inserted in conveyances shall first be submitted to the Attorney General and
				thereafter to the Comptroller for approval.
(h) All forms of conveyances and the
				execution thereof shall be approved by the Attorney General.
(i) Executed conveyances, satisfaction of
				mortgages, releases of land purchased from outstanding mortgages, and signed
				vouchers are to be delivered to the Attorney General in escrow.
(j) The Attorney General shall cause the
				conveyances, satisfactions and releases to be recorded in the proper county
				clerk's or register's office and the search shall be extended to include the
				record of them.
(k) When the
				conveyance cannot be delivered to the Comptroller prior to the payment of the
				consideration money, a copy of the deed approved by the Attorney General and a
				certificate by the county clerk certifying that the conveyance has been
				received by him for record, shall be filed.
(l) When a portion or all of the money is to
				be paid to a mortgagee or other persons, an agreement to that effect must be
				filed.
(m) When payment is to be
				made to a person other than the grantor, and other than as provided in
				subdivision (l) of this section a specific power of attorney to that effect, or
				a written consent to such payments must be filed. If the conveyance is made by
				husband and wife and payment is to be made to the husband only, the formal
				consent of the wife must be filed.
(n) An affidavit of title shall be executed
				and delivered by the grantor showing: That all taxes have been paid; that there
				are no outstanding tax liens or tax deed which might affect the title; that
				there are no easements rights, rights of tenants or unreported leases,
				affecting the premises which do not appear in the abstract of title, and such
				other facts as may be material to any particular transaction.
(o) The receipted vouchers shall contain the
				following certificate:
The acquisition of the lands herein described and more
				  specifically described in a deed from the claimant herein to the People of the
				  State of New York dated ________ subject to the terms and conditions, if any
				  therein contained, at the consideration therein and herein stated, was approved
				  by the ________ commission by resolution adopted ________
Such certificate shall be signed by the chairman, president
				  or other authorized official, and attested by the secretary.
(p) All necessary title papers in the
				possession of the grantor shall be delivered and filed in the office of the
				Comptroller. The instruments referred to in subdivisions (m), (n) and (o) of
				this section shall be filed in the Comptroller's office.