N.Y. Public Lands Law § 27: Acquisition of real property by purchase or appropriation

§ 27. Acquisition of real property by purchase or appropriation. 1.

The commissioner of general services when moneys therefor have been

appropriated by the legislature or are otherwise available, may acquire

any real property which he deems necessary for the implementation or

accomplishment of any statutory purpose, function, operation or

responsibility of the commissioner of general services or the office of

general services, by purchase or as provided in the eminent domain

procedure law. Title to such real property shall be taken in the name of

and be vested in the people of the state of New York. No real property

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

the attorney general. The terms "property" or "real property" as used in

this section shall mean "real property" as defined by section one

hundred three of the eminent domain procedure law.

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

provisions of the eminent domain procedure law the commissioner of

general services shall cause to be made an accurate acquisition map as

so provided in said law.

3. On the approval of such map by the commissioner of general

services, the original tracing of the map shall, pursuant to the eminent

domain procedure law, be filed in the main office of the office of

general services.

4. If the commissioner of general services shall determine, prior to

the filing of a copy of such acquisition map in the office of the county

clerk, that changes, alterations or modifications of such map as filed

in the main offices of the office of general services 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 of an

amended map. On the approval of such amended map by the commissioner, it

shall be filed in his or her office and he or she shall cause a

certified copy of such amended map to be filed in the office in the same

manner as the original map was filed and the amended map shall thereupon

in all respects and for all purposes supersede the map previously filed.

5. If the commissioner of general services shall determine, prior to

the filing of a copy of an acquisition map in the office of the county

clerk, as provided in section four hundred two of the eminent domain

procedure law, that such map should be withdrawn, he or she shall file a

certificate of withdrawal in the offices of the office of general

services 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 terminate.

6. The commissioner of general services 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 real property 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 in the manner provided for in the eminent

domain procedure law, the commissioner of general services shall deem it

necessary to cause the removal of an owner or other occupant from such

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

proceeding in accordance with section four hundred five of such law. The

proceeding shall be brought in the name of the commissioner 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, 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; judgment shall be given 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 general

services 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 as provided in section seven hundred

two of the eminent domain procedure law shall be made to the

commissioner of general services 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 amounts 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.

10. The commissioner of general services, 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 actual reasonable expenses in searching for a

replacement business or farm; and of actual reasonable expenses

necessary to reestablish a displaced farm, not-for-profit organization

or small business at its new site, but not to exceed ten thousand

dollars, or in hardship cases for the advance payment of such expenses

and losses. 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 and made a part of such rules and regulations. In lieu of

such actual reasonable and necessary moving expenses and actual

reasonable reestablishment expenses, any such displaced owner or tenant

of commercial property who meets eligibility criteria and 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 one thousand dollars nor more than twenty thousand dollars. A

displaced not-for-profit organization may choose a fixed payment of one

thousand to twenty thousand dollars in lieu of the payment for actual

moving and related expenses and actual reasonable reestablishment

expenses if eligibility criteria are met. Application for payment under

this subdivision 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 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 not-for-profit 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 not-for-profit organization. The term "small

business" means a business having not more than five hundred employees

working at the site being acquired or permanently displaced. As used in

this subdivision the term "farm operation" means any activity conducted

solely or primarily for the production of one or more agricultural

products or commodities including timber for sale or home use, and

customarily producing such products or commodities in sufficient

quantities to be capable of contributing materially to the operator's

support.

11. The commissioner of general services pursuant to section three

hundred five of the eminent domain procedure law, may make agreements on

such terms, conditions and consideration as he deems beneficial to the

state with respect to any property heretofore or hereafter acquired,

whereby such property may be used and occupied by the former owner,

tenant or by any other party from a date specified in said agreement,

until such time as the state requires and obtains actual physical

possession. The agreements for the use and occupancy of such property

may be managed, supervised and enforced (a) by the staff, forces and

equipment of the office of general services; or (b) by the commissioner

of general services contracting for the management, supervision and

enforcement thereof with any person, firm or corporation; or (c) by a

combination of such methods.

The use and occupancy of such property under the provisions of this

section and the right of the state or its duly authorized agent to

recover possession thereof shall not be subject to the emergency housing

rent control law.

Expenses which are determined by the commissioner to have been

incurred in connection with the use and occupancy of such property may

be paid out of the state treasury after audit by the comptroller from

moneys appropriated for the duly authorized project for which the

property was acquired. However, such expenses incurred under a contract

for management and supervision of such property may be paid out of the

gross revenue therefrom. All moneys received by the commissioner for

such use or occupancy shall be paid into the treasury of the state to

the credit of the capital projects fund.

12. Authorization is hereby given to the commissioner of general

services 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 him. The commissioner, with the approval of the director

of the budget, may establish and from time to time amend rules and

regulations providing for such supplemental relocation payments or

replacement housing. 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 twenty-two

thousand five hundred dollars. Such payment shall be the amount, if any,

which, when added to the acquisition payment equals the average price,

established by the commissioner 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

a replacement dwelling which is decent, safe and sanitary. 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. 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 the commissioner identifies, for the displaced

owner, replacement housing actually available within the limits of the

offer extended for replacement housing, 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

five thousand two hundred fifty 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 forty-two months, 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. Such payment may be used as a 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. Such payments may be made in installments as

determined by the commissioner. However, notwithstanding the provisions

of this subdivision, if it is determined by the commissioner that

replacement housing cannot be obtained for the supplemental relocation

payments specified herein, he may, subject to the approval of the

director of the budget, take such action as is necessary or appropriate

to provide last resort housing with the use of funds authorized for the

project. Application for payment under this subdivision 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 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.

13. Any owner of real property acquired pursuant to this section 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 appropriated and for legal damages, 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.

14. Expenses incurred in the acquisition of the real property,

including the cost of making surveys, and preparing descriptions and

maps of property to be acquired, and of administrative duties in

connection therewith, serving notices, making appraisals and agreements

and of searches ordered and examinations and readings of title made by

the attorney general, and expenses incurred by the commissioner of

general services or attorney general in proceedings for removal of

owners and occupants, shall be deemed to be part of the cost of the

acquisition of such real property.

15. If the commissioner of general services 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 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 real

property shall cease and determine. The commissioner 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 the

commissioner 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.

16. If any clause, sentence, paragraph, or part of this section or the

application thereof to any person, firm or corporation, project or

circumstance shall be adjudged by any court of competent jurisdiction to

be invalid, such judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph, or part of the application thereof to the person,

firm or corporation, project or circumstance directly involved in the

controversy in which such judgment shall have been rendered.