N.Y. State Law § 51: Proceedings for acquiring title

§ 51. Proceedings for acquiring title. 1. Whenever the United States

is desirous of purchasing or acquiring the title to or any interest any

tract, piece or parcel of land within the boundaries of this state,

except within the Adirondack park as defined by section 9-0101 of the

environmental conservation law, where a special act of the legislature

shall be required, for any of the purposes aforesaid, and cannot agree

with the owner or owners thereof as to the purchase thereof, or if the

owners of any of said lands are unknown, persons under the age of

eighteen years, of unsound mind, or non-residents, or if for any other

reason a perfect title can not be made to said lands, or any part

thereof, the United States, by any agent authorized under the hand and

seal of any head of an executive department of the government of the

United States, is authorized to apply to the supreme court of the state,

in and for the county within which the said lands are situated, or to

the district court of the United States in the judicial district in

which said lands are situated, to have the said lands acquired pursuant

to the provisions of the eminent domain procedure law, for the use and

benefit of the United States.

2. At any time during the existence of a state of war between the

United States and any foreign power, or during the existence of a

national emergency or limited national emergency involving the defense

of the United States as proclaimed by the president of the United

States, the United States may, by any agent duly authorized under the

hand and seal of any head of an executive department of the government

of the United States, for the purpose described in section fifty of this

act, select, locate, enter upon and acquire any rights, easements or

interest in property, either in fee or for the term of one year or

longer, within this state. This shall include lands owned by the state

of New York, the provisions of any other statute to the contrary

notwithstanding, except those the alienation of which is prohibited by

the constitution of the state of New York. Said agent shall from time to

time cause to be made, accurate maps of such lands which, or rights and

easements in which, he shall determine to take, which maps shall be

certified by him and shall specify with respect to each parcel of land

whether the whole title thereof is to be taken and if the whole is not

to be taken, the rights, easements or interests therein and for what

period of time, that the same is taken. Said maps shall also show the

names of the reputed owners of such lands and shall contain a

description of the lands to be acquired and shall be filed in the office

of the secretary of state and a duplicate thereof shall be filed in the

office of the clerk or register of the county wherein said lands are

situated. Said agent shall thereupon serve upon the owners of any real

property so acquired a notice of the filing and date of filing of such

maps, which notice shall specifically describe that portion of the

property belonging to such owners which has been so acquired and what

estate therein has been taken. If said agent shall not be able to serve

such notice upon the owner personally within this state after making

efforts so to do which in his judgment are under the circumstances

deemed reasonable and proper, he may serve the same by filing with the

clerk or register of the county wherein said lands are situated. From

the time of the service of such notice, the entry upon and the

acquisition by the United States of said estate in the property

described for any of the purposes above mentioned shall be deemed

complete and thereupon such property or said limited estate or interest

therein so taken shall become the property of the United States. Such

notice so served shall be conclusive evidence of an entry and

acquisition by the United States. Said agent may cause a copy of such

notice or notices with an affidavit or affidavits of due service thereof

on such owner or on the county clerk or register as the case may be, to

be recorded in the books used for recording deeds in the office of the

clerk or register of the county in which such lands are situated and

such records shall be evidence of the due service thereof and of the

title of the United States to the property so acquired. Said agent shall

have the power after the filing of such map and service of such notice

to fix and determine with each and any of the respective owners of such

lands upon the fair value thereof and may agree upon a price to be paid

therefor by the United States and accepted by such owners respectively.

In case such agent shall not agree with any owner or owners of such

lands so acquired, then said agent shall proceed forthwith to determine

the amount of compensation to be paid for the property so taken and

acquired by a proceeding taken under the provisions of this act and the

eminent domain procedure law. Said proceeding for the purpose of

determining such compensation shall be instituted and maintained in the

name of the United States of America. No petition shall be necessary to

institute such proceeding and the supreme court shall upon application

of the United States and on ten days' notice to the owners of the

property or, if they be unknown, to the county clerk, determine the

compensation which ought justly to be made to the owners of the land or

rights therein as provided in the eminent domain procedure law. The

compensation awarded by the supreme court shall be paid by the United

States. The eminent domain procedure law shall apply to all proceedings

hereunder except in so far as the provisions of this act are

inconsistent therewith.

3. The people of the state of New York may at any time be joined as

party defendant in any proceeding instituted for the acquisition of any

lands for any of the purposes aforesaid in which the people of this

state have or may have any right, title or interest, and any awards

which may be made to the people of the state of New York shall be paid

into the state treasury.