N.Y. Municipal Housing Authorities Law § 70: Eminent domain

* § 70. Eminent domain. 1. The power of eminent domain may be

exercised by or for an authority after the adoption by it of a

resolution declaring that the acquisition of the property described

therein is in the public interest and necessary for the public use and

that such property is included in an approved project.

2. The authority may exercise the power of eminent domain pursuant to

the provisions of the condemnation law with such modifications as are in

this subdivision two provided. A certified copy of the authority's

resolution shall be conclusive evidence as to the matters contained

therein in any proceeding under the condemnation law to acquire the

property or any part thereof described in such resolution. The

proceeding shall be instituted by the presentation of a petition by the

authority to the supreme court pursuant to section four of the

condemnation law. The petition shall, in lieu of the statements required

by subdivision one of section four of said law, set forth the name of

the authority and the time and place of the filing of its certificate,

and shall in addition to the matters required by said section four,

state the amount or valuation at which each parcel of the real property

to be acquired has been assessed for purposes of taxation on the tax

rolls of the municipality for each of the three years preceding the date

of the petition, which assessed valuation in case only part of an entire

plot in a single ownership is to be acquired shall be pro-rated

according to the area of the part so to be acquired.

Where it appears to the satisfaction of the court, at any stage of the

proceedings, upon the petition of the authority, that the public

interest will be prejudiced by delay, the court may after such notice to

the parties in interest as it may prescribe, which notice, however,

shall not be less than eight days and may be by posting upon the

property or by publication in such paper or papers at such times as the

court may require, order that the authority be permitted to enter

immediately upon the real property described in the petition, or any

part thereof, and to demolish any structures located thereon, and to

proceed with the construction of the project thereon, upon depositing

with the court a sum of money or in lieu thereof, bonds or obligations

of the state or the United States of equivalent or greater value, not

less than the last assessed valuation of the property, which the court

shall find to be sufficient for the protection of the persons who may be

entitled to the award. Such deposit or the proceeds thereof shall be

applied, so far as it may be necessary for that purpose, to the payment

of any award that may be made, with interest thereon, costs and

expenses, and the residue, if any, shall be returned to the authority.

An authority may petition the municipality to institute proceedings

under its charter or other law, to acquire property described in the

petition which the authority has certified to be necessary for a

project. The resolution granting the petition shall set forth the amount

to be paid by the authority to the municipality for such property or in

lieu thereof that the authority shall pay to the municipality all sums

expended or required to be expended by the municipality in the

acquisition thereof, and the time of payment and manner of securing

payment thereof, and may require that the municipality shall receive,

before proceeding with the acquisition of such property, such assurances

as to payment or reimbursement by the authority or otherwise as the

municipality may deem advisable. Upon the passage of a resolution by the

municipality granting the petition, the authority shall cause two

surveys or maps of the property described in the petition to be made one

of which shall be filed in the office of the authority and the other in

the office in which instruments affecting real property in the county

are recorded. The filing of such surveys or maps shall be conclusive

evidence of the acceptance by the authority of the terms and conditions

of such resolution. The municipality may proceed under any provision of

its charter or other law applicable to the condemnation of real property

for public improvements. When title to the property shall have vested in

the municipality, it shall convey the same to the authority upon

payment by the authority of the sums and the giving of the security

required by the resolution granting the petition. As soon as title shall

have vested in the municipality, the authority may, upon the

authorization of the mayor or county executive, as the case may be,

enter upon the property taken and carry out the terms of the project

with respect thereto. Whenever in connection with eminent domain

proceedings, requirement is made in any city charter or other law for

the performance of an act by a department or officer of the

municipality, it shall be regarded for the purposes of this section as

compliance therewith if with the approval of the mayor or county

executive such act is performed by the authority or by persons specially

designated by it.

4. In the case of a federal project, the authority may, with the

approval of the mayor or county executive, as the case may be, request

the federal government to acquire by eminent domain property which the

authority has certified to be necessary for the project.

5. In any proceedings for the assessment of compensation and damages

for property taken or to be taken by eminent domain by or for an

authority, the following provisions shall be applicable:

(a) Evidence of the price and other terms upon any sale or the rent

reserved and other terms upon any lease or tenancy relating to any of

the property taken or to be taken or to any similar property in the

vicinity when the sale or leasing occurred or the tenancy existed within

a reasonable time of the trial shall be admissible on direct

examination. At any stage of the proceeding, the court or tribunal may

require such prior notice to be given of an intention to introduce

evidence as to the sale, leasing or tenancy of property other than the

property directly involved in the proceeding and of particulars relating

thereto as it may deem necessary to prevent surprise.

(b) The deposition of any person, whether or not a party, may be taken

pursuant to article twenty-nine of the civil practice act, the rules of

civil practice and the provisions of this section. Such deposition may

be taken upon any question or issue in the proceeding, including the

facts as to any sale, lease or tenancy admissible in evidence pursuant

to this subdivision five. The deposition may be taken at the instance of

the authority or of any owner or at the direction of the court, at any

time during the pendency of the action or proceeding. At least five

days' notice, or if service is through the mails, at least eight days'

notice, shall be given of the taking of the testimony, if on the part of

an owner, to the authority and to all other owners who have appeared in

the proceeding; if by the authority, to all owners who have appeared in

the proceeding.

(c) Any time during the pendency of such action or proceedings, an

authority or an owner may apply to the court for an order directing an

owner or the authority, as the case may be, to show cause why further

proceedings should not be expedited, and the court may upon such

application make an order requiring that the hearings proceed and that

any other steps be taken with all possible expedition.

(d) For the purposes of this article, the award of compensation shall

not be increased by reason of any increase in the value of the property

caused by the clearance, reconstruction or proposed clearance or

reconstruction under this article of the property or of the area in

which the property is situated. No allowance shall be made for

improvements begun on property after notice to the owner of such

property of the institution of the proceedings to condemn such property.

(e) Evidence shall be admissible bearing upon the unsanitary, unsafe

or substandard condition of the premises, or the illegal use thereof, or

the enhancement of rentals resulting from such illegal use, and such

evidence may be considered in fixing the compensation to be paid,

notwithstanding that no steps to remedy or abate such conditions have

been taken by the department or officers having jurisdiction. If a

violation order is on file against the premises in any such department,

it shall constitute prima facie evidence of the existence of the

condition specified in such order.

(f) If any of the property included within the project is devoted to a

public use, it may nevertheless be acquired provided that no property

belonging to the municipality or to any government may be acquired

without its consent, and no property belonging to a public utility

corporation may be acquired without the approval of the commission or

other officer or tribunal having regulatory power over such corporation.

(g) The term "owner," as used in this section, shall include a person

having an estate, interest or easement in the property to be acquired or

a lien, charge or encumbrance thereon.

* NB The text of Article 5 of the former State Housing Law (cited

herein as the "Municipal Housing Authorities Law"), as such article

existed immediately prior to its repeal pursuant to section 227 of

Chapter 808 of the Laws of 1939, is provided here for ease of reference

and historical purposes as such text continues to be applicable for the

New York City Housing Authority pursuant to the provisions of section

401 of the current Public Housing Law.