Section 22. Determination of ownership of awards for property appropriated  


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  • 1.  In the event there may be adverse and conflicting claims asserted to
      an award for property appropriated by the state or any part thereof,  or
      if  there  be  any  apparent  lien  or  encumbrance  on  the property so
      appropriated, or on any interest therein, or any dower or other interest
      which has been asserted by any party  as  affecting  the  rights  to  an
      award, or which has caused the attorney general or other official of the
      state  to  refuse to make payment of any portion of the award, the court
      may, upon motion of a party in an action to determine the amount of said
      award, order the interpleader or joinder of anyone claiming  or  imputed
      to have such a claim or interest.
        The  court  shall determine the respective interests and rights of the
      parties to the award and the method of apportionment thereof, and direct
      to whom the same shall be paid.
        2. In the event the court is unable for any reason  to  determine  the
      various interests in the award for the property appropriated, and in any
      other case as justice requires, it may, in and by its award and judgment
      direct the comptroller to deposit the amount awarded as compensation for
      the  property  appropriated in any bank in which moneys belonging to the
      fund from which such compensation is payable may be  deposited,  to  the
      account  of  such  award.  In  any  case  where the court has directed a
      deposit in accordance with this subdivision, the comptroller may, at his
      option, deposit such money  in  a  sub-account  of  the  eminent  domain
      account established by section ninety-seven-dd of the state finance law.
      Any  deposits  made  pursuant  to  this  subdivision  shall  be paid and
      distributed to the persons entitled  to  the  same  as  ordered  by  the
      supreme court on application of any person interested in such award.