Section 215. Claims against state


Latest version.
  •  Where an action has been commenced and
      final judgment in favor of the people entered therein by reason  of  the
      escheat  of  real  property to the people and the said property has been
      sold pursuant to section two hundred four, any party or parties thereto,
      or their successors in interest, who, but  for  the  rendering  of  such
      final  judgment  would  have  been entitled to such real property, or an
      interest therein, shall have a claim against the state for the value  of
      such  real property or interest therein at the time of the entry of such
      judgment, but no such claim shall  exist  in  favor  of  such  party  or
      parties or their successors in interest unless a petition therefor shall
      have  been  filed  as hereinafter provided within fifteen years from the
      date of entry of such final judgment unless such  party  or  parties  to
      such  ejectment  action shall have been, at the time of the commencement
      of such action or entry of final judgment, incompetent to conduct his or
      her affairs by reason of mental illness or mental  retardation  or  have
      been under the age of eighteen years, or be imprisoned in execution upon
      conviction  of  a  criminal  offense,  in which event the period of such
      disability shall not be deemed to be a part of the time  limited  within
      which  such  petition  may  be  filed.  Such  party or parties, or their
      successors in  interest  shall  petition  the  commissioner  of  general
      services for payment of the sum or a part thereof received by the state,
      upon  the  sale  made pursuant to section two hundred four, and the said
      commissioner if satisfied that the claim is just and is made by a  party
      who,  except  for the entry of final judgment in an action authorized by
      section two hundred one would have been entitled to the real property or
      an interest therein affected by said action, may certify such  facts  to
      the court of claims, whereupon that court is empowered and authorized to
      determine  the  amount  of  such  claim  or  claims  and  award judgment
      therefor, the total of  which  in  no  event  shall  exceed  the  amount
      received  by  the people upon the sale of said real property pursuant to
      section two hundred four.