N.Y. Defense Emergency Act 1951 784/51 § 25: Powers in event of attack

§ 25. Powers in event of attack. 1. Notwithstanding any other law, in

the event of attack within the state or a state with which this state

has a mutual aid compact for civil defense, to the extent it deems it

necessary or proper, the commission may: (a) assume direct operational

control of any or all civil defense forces; (b) order, direct, require

and use the personnel, materials, facilities and services of any agency,

public officer, or political subdivision of the state, or any part

thereof, at any place within the state where in the opinion of the

commission they are needed to effect the purposes of this article; (c)

with the approval of the governor, order, direct, require and use such

personnel, materials, facilities and services without the state to

implement any mutual aid arrangement, agreement or compact; (d) take,

use or destroy any and all real or personal property, or any interest

therein, necessary or proper for the purposes of civil defense; (e)

execute any or all of the civil defense powers and duties of any county

or city after notifying the chief executive officer of such county or

city if such notification is possible.

2. Notwithstanding any other law, subject to the plans, regulations

and orders of the council and commission: (a) in the event of or in

anticipation of attack within such county or city or so near thereto

that it jeopardizes the safety or health of the people thereof or within

a county or city with which it has agreements or arrangements for mutual

aid, a county or city may provide for and compel the evacuation of any

person if such person has no home or if the continued use of his home

jeopardizes his own safety or that of others; (b) in the event of such

attack such county or city shall control all pedestrian and vehicular

traffic, transportation and communication facilities and public

utilities; provide medical treatment, food, clothing, shelter and care

for the injured and needy; provide for public safety and the protection

and conservation of property; provide for the identification and

disposition of the dead; and provide for the restoration of essential

services and facilities; (c) in the event of such attack and to the

extent necessary to perform such functions, and as authorized by the

council or commission, it may take, use or destroy real or personal

property and impress persons into service for the performance of such

work.

3. The taking of private property pursuant to this section by or at

the express order of the commission, whether for temporary or permanent

use or for destruction, shall be in the name of and payment shall be

made by the state. An appropriate record, in the form prescribed by the

commission, shall be kept and a copy thereof furnished, whenever

possible, to the owner from whom the property is taken. Each such owner

shall be entitled to just compensation for the taking and may file a

claim, to be designated as an "emergency claim," pursuant to the court

of claims act, against the state for such compensation. To the extent

necessary to expedite the hearing, determination and payment of such

claims, the governor shall appoint, as emergency claims referees, one or

more qualified attorneys admitted to practice before the courts of this

state. Such referees shall be paid out of funds appropriated for such

purpose at a rate to be fixed by the governor within the amount of the

appropriation or allocation therefor.

When an emergency claim has been filed with the court of claims, the

presiding judge forthwith may refer it to an emergency claims referee.

The referee forthwith and on notice to the claimant and to the

attorney-general shall set a date and place for the hearing and

determination of the claim. The referee shall have all the powers now

vested in the court of claims, or in a judge thereof, in the hearing and

determination of the claim. His determination shall be in writing and

shall be made within thirty days after the hearing shall have been

closed. It shall be filed forthwith in the office of the clerk of the

court of claims and shall be entered in the official records as a

judgment or order of that court. Any claimant or the state shall have

the right to appeal, as now provided by law, from such determination and

judgment. The provisions of the court of claims act, with respect to

real property taken by appropriation, shall apply to the taking of real

property pursuant to this section so far as practicable.

The procedure herein provided shall not be deemed exclusive and no

claim shall be required to be filed, heard and determined as an

"emergency claim" if the claimant elects to proceed as otherwise

provided by the court of claims act.

Such court or referee may defer action on any emergency claim pursuant

to this section pending consideration by the federal civil defense

administrator or any agency of the federal government of a claim based

on the same taking. The award by such court or referee shall take into

consideration any moneys that may be made available by the federal

government with respect to such taking.

4. Except as provided in subdivision three of this section, the taking

of private property by a county or city pursuant to this section shall

be in the name of such county or city. An appropriate record, in the

form prescribed by the commission, shall be kept and a copy thereof

furnished, whenever possible, to the owner from whom the property is

taken. Such county or city shall make just compensation to the owner

thereof in the manner provided by law for the determination of

compensation to be paid for the taking of real property by such county

or city.