N.Y. Education Law § 307: Acquisition of real property

§ 307. Acquisition of real property. 1. The commissioner of

education, when an appropriation therefor has been made by the

legislature, may acquire any real property which he may deem necessary

for the purposes of a state educational institution by purchase or

pursuant to the provisions of the eminent domain procedure law the title

to which shall be taken in the name of and be vested in the people of

the state of New York; provided, however, that no real property shall be

so acquired by purchase unless the title thereto shall be approved by

the attorney general.

2. Whenever real property is to be so acquired pursuant to the

provisions of the eminent domain procedure law, by appropriation, the

commissioner of education shall cause to be made by the state department

of transportation an accurate acquisition map. With respect to any real

property or any easement to be so acquired for state university

purposes, the state university trustees may cause the map, description

and survey contemplated by this subdivision, and any changes,

alterations or modifications in such map contemplated by subdivision

five of this section, to be made by the state department of

transportation or, with the approval of the director of the budget, by a

licensed professional engineer or a licensed land surveyor, and the

state commissioner of transportation and the state university trustees

may each authorize the state university construction fund to act as

agent in making such map, description and survey.

3. On the approval of such map by the commissioner, the original

tracing of such map shall be filed in the main office of the department

pursuant to the provisions of the eminent domain procedure law. With

respect to any real property or easement to be so acquired for state

university purposes, the original tracing of such map shall be filed in

the office of the state university trustees.

4. If the commissioner shall determine, prior to the filing of such

map in the office of the clerk or register of the county, that changes,

alterations or modifications of such map as filed in the main 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 by the department of transportation

of an amended map. On the approval of such amended map by the

commissioner, it shall be filed in the main office of the department and

the amended map shall thereupon in all respects and for all purposes

supersede the map previously filed. With respect to any real property or

any easement to be so acquired for state university purposes, upon the

approval of such amended map by the state university trustees, it shall

be filed in the office of the state university trustees 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 the filing of a copy

of such acquisition 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 may file a certificate

of withdrawal in the offices of the department and of the 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 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 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, as provided in the eminent domain

procedure law, the commissioner of education shall deem it necessary to

cause the removal of an owner or occupant from any real property so

acquired, he may cause such owner or occupant to be removed therefrom by

proceeding in accordance with section four hundred five of the eminent

domain procedure law. The proceeding shall be brought in the name of

the commissioner of education as agent of the state and the attorney

general shall represent the petitioner in the proceedings. No execution

shall issue for costs, if any, awarded against the state or the

commissioner of education, but they shall be part of the costs of the

acquisition of the real property and be paid in like manner.

Proceedings may be brought separately against one or more of the owners

or occupants of any such property, or one proceeding may be brought

against all or several of the owners or occupants of any or all such

property within the territorial jurisdiction of the same court, justice

or judge; a final judgment shall 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. Upon making any agreement provided for in section three hundred

four of the eminent domain procedure law the commissioner of education

or such trustees of the state university of New York, as the case may

be, 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 the acquisition of such real property, 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 of education and the trustees of the state

university of New York, 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 education

and the trustees of the state university of New York; 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 of education and

the trustees of the state university of New York 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

of education or, in the case of an acquisition, for the purposes of the

state university, the trustees of the state university of New York find

and determine that the business cannot be relocated without a

substantial loss of its existing patronage, and that the business is not

a 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 or the

trustees of the state university of New York 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 of education or, in the

case of an acquisition for the purposes of the state university, to the

trustees of the state university of New York and shall be accompanied by

such information and evidence as the commissioner or such trustees, as

the case may be, may require. Upon approval of such application, the

commissioner or such trustees, as the case may be, 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.

11. Authorization is hereby given to the commissioner of education or

in the case of an acquisition for the purposes of the state university

to the trustees of the state university of New York 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 the commissioner of education

or such trustees, as the case may be. The commissioner of education and

the trustees of the state university of New York may, with the approval

of the director of the budget, 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 payment equals the average price, established

by the commissioner of education or such trustees, as the case may be,

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 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

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 of education or such trustees, as the case may be.

Application for payment under this subdivision shall be made to the

commissioner of education or such trustees, as the case may be, and

shall be accompanied by such information and evidence as the

commissioner or such trustees, as the case may be, may require. Upon

approval of such application, the commissioner or such trustees, as the

case may be, 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.

12. The owner of any real property so 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 acquired

and for legal damages caused by such acquisition, 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 after audit by the comptroller from

moneys appropriated for the acquisition of such real property.

13. If the commissioner of education shall determine subsequent to

the acquisition of a temporary easement in any real property that the

purposes for which such easement right was acquired have been

accomplished and that the exercise of such easement is no longer

necessary, he shall make his certificate that the exercise of such

easement is no longer necessary and that such easement right is

therefore terminated, released and extinguished. The commissioner of

education shall cause such certificate to be filed in the office of the

department of state and upon such filing all rights acquired by the

state in such property shall cease and determine. The commissioner of

education shall cause a certified copy of such certificate as so filed

in the office of the department of state 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 and such commissioner of education shall cause a

further certified copy of such certificate to be filed in the office of

the recording officer of each county in which the property affected or

any part thereof is situated. On the filing of such certified copy of

such certificate with such recording officer, it shall be his duty to

record the same in his office in the books used for recording deeds and

to index the same against the name of the people of the state of New

York as grantor.

14. Whenever the state university trustees determine that property

under their jurisdiction, heretofore or hereafter acquired for state

university purposes pursuant to this section, or any interest therein,

is unnecessary for the present or foreseeable future needs of the state

university and that any such property or interest may be sold, exchanged

or released on terms beneficial to the state to the former owner from

whom such property or interest was acquired or, in the case of an

interest in such property, to the owner of the servient estate, or to

their respective heirs, successors in interest or assigns, the state

university trustees may sell, exchange or release such property or

interest, to such owner, his heirs, successors in interest or assigns,

with the approval of the director of the budget and notwithstanding the

provisions of any general, special or local law, at the fair market

value thereof or in partial or full settlement of any claim which such

owner, or his heirs, successors in interest or assigns, may have for

damages resulting from the acquisition of such property or interest. In

order to carry any such sale, exchange or release into effect, the state

university trustees are hereby authorized to exchange and deliver in the

name of the people of the state of New York a quitclaim of, or a grant

in and to, any such property or interest. Each such instrument of

conveyance or release shall be prepared by the attorney general and

before delivery thereof, shall be approved by him as to form and manner

of execution.