N.Y. Public Housing Law § 125: Proceedings to condemn

§ 125. Proceedings to condemn. 1. To initiate a condemnation

proceeding, an authority may adopt a resolution describing the property

and declaring that the acquisition of the property is in the public

interest and necessary for the public use, and that the property sought

to be condemned is or will be required for a project. A certified copy

of the authority's resolution shall be conclusive evidence as to the

matters contained therein in any condemnation proceeding to acquire the

property, or any part thereof, described in such resolution.

2. An authority may exercise the power of condemnation pursuant to the

provisions of the eminent domain procedure law.

3. An authority may petition the municipality to institute proceedings

under any applicable general, special or local 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 local legislative body of the

municipality granting the petition, the authority shall cause three

copies of 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, one

in the office of the corporation counsel or chief law officer of the

municipality, 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 be conclusive evidence of the acceptance by the

authority of the terms and conditions of such resolution. The

municipality may proceed under the eminent domain procedure law to

acquire title to such property. 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, enter upon the property taken, take over and

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

with respect thereto. Whenever in connection with condemnation

proceedings, requirement is made in any applicable general, special or

local 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 such act is

performed by the authority or by persons specially designated by it.

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

for property taken or to be taken by condemnation 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

received or reserved, whichever is less, and other terms upon any

option, lease or tenancy relating to any of the property taken or to be

taken or to any similar property in the vicinity when the option, sale

or lease was given, 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,

option, 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

in the manner provided for any civil action 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 this subdivision. The deposition may

be taken at the instance of the authority, the municipality 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 or a municipality, to all owners who have appeared in the

proceeding.

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

authority, municipality or an owner may apply to the court for an order

directing an owner or the authority or the municipality, 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 for the purposes of this chapter 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 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.

(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) 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.

(h) 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 property for tax purposes, shall be

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

shall be admissible on direct examination.

(i) 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.