N.Y. Private Housing Finance Law § 216: Proceedings to acquire

§ 216. Proceedings to acquire. 1. When it is desired that any real

property in a development area be acquired by condemnation, there shall

be presented to the supervising agency by the redevelopment corporation

a verified petition requesting the issuance of a certificate of approval

of condemnation of such real property which shall contain, among other

things:

(a) A metes and bounds description of the real property involved and a

statement of the estate, interest, privileges, franchise or right

therein or appurtenant thereto to be condemned;

(b) Proof that such real property is within the development area;

(c) Proof that the redevelopment corporation has acquired the fee

title, or valid and enforceable options or contracts for the acquisition

of such title to or in real property satisfying the minimum condemnation

requirement; and

(d) Proof that certificates of approval of the development plan

required by section two hundred three of this article have been issued.

The supervising agency shall determine within a reasonable time

thereafter the truth or sufficiency of the statements and proof

contained in such petition, and, if such determination shall be in the

affirmative, the supervising agency shall issue to the petitioner a

certificate of approval of condemnation. Such certificate shall contain

a description of the real property proposed to be condemned, the facts

so determined with respect thereto, and a statement that the real

property proposed to be condemned is required for a public use and that

its acquisition for such use is necessary. A certified copy of such

certificate of approval of condemnation shall be conclusive evidence of

the facts stated therein in any condemnation proceeding to acquire the

real property, or any part thereof, described in such certificate. No

condemnation proceeding to acquire real property in a development area,

whether by a redevelopment corporation or by a city for a redevelopment

corporation, shall be commenced until such a certificate of approval of

condemnation shall have been issued.

2. Acquisition proceedings by a redevelopment corporation shall be

instituted pursuant to the provisions of the eminent domain procedure

law.

3. Condemnation proceedings for a redevelopment corporation shall be

initiated by a petition to the city to institute proceedings to acquire

for the redevelopment corporation any real property in the development

area. Such petition shall be granted or rejected by the local

legislative body, or if there is a board of estimate in the city then by

the board of estimate, and the resolution or resolutions granting such

petition shall contain a requirement that the redevelopment corporation

shall pay to the city all sums expended or required to be expended by

the city in the acquisition of such real property, and the time of

payment and manner of securing payment thereof, and may require that the

city shall receive, before proceeding with the acquisition of such real

property, such assurances as to payment or reimbursement by the

redevelopment corporation, or otherwise, as the city may deem advisable.

Upon the passage of a resolution or resolutions by the local legislative

body or the board of estimate, as the case may be, granting the

petition, the redevelopment corporation shall cause to be made three

copies of surveys or maps of the real property described in the

petition, one of which shall be filed in the office of the redevelopment

corporation, one in the office of the corporation counsel or chief law

officer of the city, and one in the office in which instruments

affecting real property in the county are recorded. The filing of such

copies of surveys or maps shall constitute the acceptance by the

redevelopment corporation of the terms and conditions contained in such

resolution or resolutions. The city shall proceed under any provision of

any general, special or local law applicable to the condemnation of real

property for public improvements. When title to the real property shall

have vested in the city, it shall convey the same to the redevelopment

corporation upon payment by the redevelopment corporation 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 city, the

redevelopment corporation may, upon the authorization of the chief

executive officer of the city, enter upon the real property taken, take

over and dispose of existing improvements, and carry out the terms of

the development plan with respect thereto.

4. The following provisions shall apply to any proceedings for the

assessment of compensation and damages for real property in a

development area taken or to be taken by condemnation by or for a

redevelopment corporation:

(a) At any stage of the proceeding, the court may require such prior

notice to be given of an intention to introduce evidence as to the sale,

option, leasing or tenancy of real property other than the real 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

in the manner provided by article thirty-one of the civil practice law

and rules, 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, option, lease or tenancy admissible in evidence pursuant

to subdivision four hereof. The deposition may be taken at the instance

of the redevelopment corporation, the city, 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 redevelopment corporation

or city, as the case may be, and to all other owners who have appeared

in the proceeding; if by the redevelopment corporation or a city, to all

owners who have appeared in the proceeding.

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

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

property caused by the assembly, clearance or reconstruction, or

proposed assembly, clearance or reconstruction for the purposes of this

article of the real property in the development area. No allowance shall

be made for improvements begun on real property after notice to the

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

such property.

(d) Evidence shall be admissible bearing upon the insanitary, unsafe

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

the enhancement of rentals 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.

(e) If any of the real property in the development area which is to be

acquired by condemnation has, prior to such acquisition, been devoted to

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

real property belonging to the city or to any other governmental body,

or agency or instrumentality thereof, corporate or otherwise, may be

acquired without its consent. No real 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.

(f) Upon the trial, evidence of the price and other terms upon a sale

or assignment or of a contract for the sale or assignment of a mortgage,

award, proposed award, transfer of a tax lien or lien of a judgment

relating to property taken, shall be relevant, material and competent,

upon the issue of value or damage and shall be admissible on direct

examination.

(g) Upon the trial a statement, affidavit, deposition, report,

transcript of testimony in an action or proceeding, or appraisal made or

given by any owner or prior owner of the premises taken, or by any

person on his behalf, to any court, governmental bureau, department or

agency respecting the value of the real property for tax purposes, shall

be relevant, material and competent upon the issue of value of damage

and shall be admissible on direct examination.

(h) The term "owner," as used in this section two hundred sixteen,

shall include a person having an estate, interest or easement in the

real property to be acquired or a lien, charge or encumbrance thereon.