N.Y. Environmental Conservation Law § 15-1523: Indirect damages; decision and payment as to Rochester

§ 15-1523. Indirect damages; decision and payment as to Rochester.

1. Whenever the department shall decide that the execution of any

water supply project by the city of Rochester will result in damages to

persons and property, the determination of and payment for which are not

otherwise provided for by law, the department shall so state in its

decision and it may order that such damages be determined and paid in

accordance with the provisions of this section.

2. Whenever the department shall make such a decision relating to the

determination and payment of damages pursuant to the provisions of this

section, any person who is on the date of such decision, the owner of

any real estate not taken by the applicant, or the owner of any

established business, directly or indirectly decreased in value by

reason of the acquiring of land for or on account of a new or additional

water supply project, his heirs, personal representatives and assigns,

shall have a right to damages for such decrease in value. The city of

Rochester may agree with such person as to the amount of such damages,

and, if such agreement cannot be made, such damages, if any, shall be

determined in the manner provided in the eminent domain procedure law

for the ascertaining and determining of the value of the real estate

taken for such project, and the court shall not be limited in the

reception of evidence to the rules regulating the proof of direct

damages. The amount of such damages so agreed upon, or determined, as

aforesaid, shall be paid and collected in the same manner as is provided

for the payment of awards in condemnation proceedings as provided in the

charter of the city of Rochester for the taking of real property.

3. A person employed in a manufacturing establishment, or in an

established business, or upon any lands, who is not the owner or part

owner thereof, which manufacturing establishment, or established

business, is injured or destroyed, or which lands are taken or acquired

under or on account of the carrying out of such project, and who has

been so employed continuously for at least six months prior to the date

of the decision of the department and who continues in such employment

up to the time of such injury, destruction, taking or acquisition, shall

have a claim for damages against the city of Rochester equal to the

salary or wages paid to such employee for the six months immediately

preceding the date of such decision. Such damages may be determined by

agreement with the city of Rochester, or, in case such agreement cannot

be made, such employee may maintain an action against the city of

Rochester in the Supreme Court to recover such damages, not, however, to

exceed the sum of the salary or wages paid him for the six months

immediately preceding the date of the decision of the department.

4. If the department shall so approve of a project, or a part of a

project, the execution of which is to be deferred, or, if for any reason

such execution shall thereafter be deferred, the department shall in its

decision, or in a modification thereof, fix a date, other than the date

of the decision, which shall be held to be applicable to all damages

arising from the execution of such project, or of such part of a

project.

5. The powers, rights, privileges and duties granted, conferred and

imposed by the provisions of this section are hereby granted, conferred

and imposed notwithstanding any inconsistent provision in this or any

other general or special law.