Section 3.19. Acquisition of property by eminent domain

1. Whenever the
  commissioner deems it necessary to  acquire  property  pursuant  to  the
  eminent  domain  procedure  law,  he  shall cause to be made an accurate
  acquisition map as provided in said law. The acquisition  map  shall  be
  made  from an accurate survey of the property to be so acquired or in or
  to which any easement or estate less than full title is to  be  acquired
  specifying  the  particular  nature  and  extent  thereof,  except  that
  whenever a duly certified map or description of the  property,  easement
  or  estate  less  than  full  interest  to be acquired is available as a
  matter of public record, then in that event such map or description  may
  be  used  by  the  commissioner to prepare the acquisition map. Upon the
  approval of the acquisition map by  the  commissioner,  which  shall  be
  endorsed  thereon,  he shall acquire such property, easements, interests
  or rights in accordance  with  the  provisions  of  the  eminent  domain
  procedure law.
    2.  If  the  commissioner  shall determine, prior to the filing of the
  acquisition map in the office of the clerk or register of the county, as
  provided in the eminent domain procedure law, that changes,  alterations
  or  modifications  of such map as filed in the office should be made, he
  or she shall direct the preparation of a new map or direct that  changes
  be  made on the original tracing of such map, with a notation indicating
  such changes. Upon approval of such amended map by the commissioner,  it
  shall  be  filed  in  the  main office of parks, recreation and historic
  preservation as the original map was filed and  the  amended  map  shall
  thereupon  in  all  respects  and  for  all  purposes  supersede the map
  previously filed.
    3. If the commissioner shall determine, prior to the filing of a  copy
  of  the acquisition map in the office of the county clerk or register as
  provided in the eminent domain procedure law, that such  map  should  be
  withdrawn,  he  or  she  shall  file  a certificate of withdrawal in the
  office and 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 determine.
    5. If, at or after the vesting of title to such property in the people
  of  the  state  of New York in the manner provided in the eminent domain
  procedure law, the commissioner shall deem it  necessary  to  cause  the
  removal  of  an owner or other occupant from such property, he may cause
  such owner or other occupant to be removed therefrom  by  proceeding  in
  accordance  with  section four hundred five of said law.  The proceeding
  shall be brought in the name of the commissioner as agent of the  state.
  If any person proceeded against shall contest the petition by an answer,
  the  attorney  general  shall  be  notified,  and  he  thereafter  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 and be paid  in  like
  manner. Proceedings may be brought separately against one or more of the
  owners  or  other  occupants  of  a  property,  or one proceeding may be
  brought against all or several of the owners or other occupants  of  any
  or  all property within the territorial jurisdiction of the same justice
  or judge; judgment shall effect or be  made  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.
    6. No agreement made  by  the  commissioner  in  accordance  with  the
  provisions of section three hundred four of the eminent domain procedure
  law  shall  be  binding  upon  the state of New York unless the attorney
  general shall certify that the person or persons claiming the amount  so
  agreed  upon  be  entitled thereto. Payment shall be made upon audit and

  warrant of the comptroller of the amount  so  agreed  upon  from  monies
  appropriated for such purposes.
    7. Application for reimbursement of incidental expenses as provided in
  section  seven  hundred two of the eminent domain procedure law 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 thereof, and the amount so fixed  shall  be  paid
  out  of  the  state  treasury after audit by the comptroller from monies
  appropriated for the acquisition of property under this section.
    8. (a) The commissioner, 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 the following expenses and losses
  incurred by the displaced owners or occupants  of  a  property  acquired
  pursuant to this section as a result of such acquisition:
    (i) actual reasonable and necessary moving expenses; and
    (ii) actual direct losses of tangible personal property as a result of
  moving  or  discontinuing a business or farm operation on such property,
  but not exceeding an amount equal to the reasonable expenses that  would
  have  been  required  to  relocate  such  property, as determined by the
  commissioner; and
    (iii) actual  reasonable  expenses  in  searching  for  a  replacement
  business or farm; and
    (iv)  actual  and  reasonable  expenses  necessary  to  reestablish  a
  displaced farm operation, not-for-profit organization, or small business
  at its new site but not to exceed the maximum amount provided for in the
  regulations.
    (b) Such regulations may provide in hardship  cases  for  the  advance
  payment  of such expenses and losses. For the purposes of making payment
  of such expenses and losses only, such regulations  shall  provide  that
  the term "business" includes any lawful activity conducted primarily for
  assisting  in  the  purchase,  sale,  resale, manufacture, processing or
  marketing of products, commodities, personal property or services by the
  erection and maintenance of an outdoor advertising display or  displays,
  whether  or  not such display or displays are located on the premises on
  which any  of  the  above  activities  are  conducted.  Such  rules  and
  regulations may further define the terms used in this subdivision.  Such
  regulations   may  also  provide  for  payments  to  utilities  for  the
  relocation of their facilities under  such  circumstances  and  in  such
  amounts as the commissioner may determine.
    (c)  Any  person eligible for the payments authorized by paragraph (a)
  of this subdivision who is displaced from a residential property may, in
  lieu of such payments,  elect  to  accept  an  expense  and  dislocation
  allowance,  determined  in  accordance  with  a schedule prepared by the
  commissioner and made a part of such rules and regulations.
    (d) Any person eligible for the payments authorized by  paragraph  (a)
  of  this subdivision, who is displaced from a business or farm operation
  and who is eligible under criteria established by the department may, in
  lieu of such payments, elect  to  accept  a  fixed  relocation  payment,
  except  that  such  payment  shall be not less than the minimum nor more
  than the maximum amount provided for in the  regulations.    However,  a
  person  whose sole business at the property so acquired is the rental of
  such property to  others  shall  not  qualify  for  payment  under  this
  paragraph.
    (e)  Application  for  payment under this subdivision shall be made to
  the commissioner upon forms prescribed by the commissioner 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.    No
  payment  shall  be  made  under  this subdivision for any cost, expense,
  difference or other amount for which payment was previously made.
    (f) The regulations necessary to implement this subdivision  shall  be
  consistent  with  the  applicable  provisions  of  section thirty of the
  highway law, as  the  same  may  from  time  to  time  be  amended,  and
  regulations issued thereunder.
    9.  (a)  Authorization  is  hereby  given  to the commissioner to make
  supplemental relocation payments, separately  computed  and  stated,  to
  displaced owners and tenants of residential property acquired by eminent
  domain who are entitled thereto, as determined by the commissioner.  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. Such rules and regulations
  may further define the terms used in this subdivision.
    (b) In the case of residential  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 supplemental relocation payment to such owner  shall
  not  exceed  the  maximum  amount provided for in the regulations.  Such
  payment shall include the following elements:
    (i) the amount, if any, which when added to  the  acquisition  payment
  equals  the  average price, established by the commissioner, required to
  obtain a comparable replacement dwelling for such displaced  owner,  but
  in no event shall such payment exceed the difference between acquisition
  payment and the actual purchase price of the replacement dwelling; and
    (ii)  the  amount  which  will compensate such displaced owner for any
  increased interest costs which  such  person  is  required  to  pay  for
  financing  the  acquisition of the 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  property.  Any
  such compensating interest 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; and
    (iii) an  amount  which  will  compensate  such  displaced  owner  for
  reasonable  expenses  incurred for evidence of title, recording fees and
  other  closing  costs  incident  to  the  purchase  of  the   comparable
  replacement dwelling, but not including prepaid expenses.
    (c) Any supplemental relocation payment made pursuant to paragraph (b)
  of  this  subdivision  shall  be  made  only  to  a  displaced owner who
  purchases and occupies a comparable replacement dwelling within one year
  subsequent to the date on which such owner is required to move from  the
  dwelling  acquired  pursuant  to  this section or the date on which such
  owner receives from the state final payment for such acquired  dwelling,
  whichever occurs later. The commissioner may extend such period for good
  cause; provided however, that any payment shall be based on the costs of
  relocating  the  displaced  person  to a comparable replacement dwelling
  within one year of such extended date. The regulations may provide  that
  advance payment of such payments may be made in hardship cases.
    (d)  In  the  case  of  residential property acquired pursuant to this
  section from which an owner or tenant, not otherwise eligible to receive

  a  supplemental  relocation  payment  pursuant  to  the  provisions   of
  paragraph  (b)  of  this subdivision, is displaced from dwelling thereon
  which has been actually and lawfully occupied by such  owner  or  tenant
  for not less than ninety days immediately prior to (i) the initiation of
  negotiations  for  the  acquisition  of such property or (ii) such other
  event as regulations may prescribe when the displacement is not a direct
  result of such acquisition, such supplemental relocation payment to such
  owner or tenant shall not exceed the maximum amount provided for in  the
  regulations.  Such  payment  shall  be  the amount which is necessary to
  enable such owner or tenant to lease or rent for a period not to  exceed
  the  maximum time specified in the regulations, a comparable replacement
  dwelling but such amount shall not exceed the maximum  amount  specified
  in  the  regulations. Such payments may be made in periodic installments
  as  determined  by  the  commissioner.    Any  person  eligible  for   a
  supplemental  relocation  payment  under this paragraph may elect to use
  such  payment  for  the  down  payment,  including  reasonable  expenses
  incurred  by such owner or tenant 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
  comparable replacement dwelling, except such payment  shall  not  exceed
  the maximum amount provided for in the regulations.
    (e)  Application  for  payment under this subdivision shall be made to
  the commissioner upon forms prescribed by the commissioner 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. No
  payment shall be made under this  subdivision  for  any  cost,  expense,
  difference or other amount for which payment was previously made.
    (f)  The  regulations necessary to implement this subdivision shall be
  consistent with the applicable requirements of  section  thirty  of  the
  highway  law,  as  the  same  may  from  time  to  time  be amended, and
  regulations issued thereunder.
    10. Expenses incurred in the acquisition of  the  property,  including
  the cost of making surveys, preparing descriptions and maps, appraisals,
  title  searches,  service  and  publication  of  notices,  and  expenses
  incurred in proceedings for the removal of owners or occupants, shall be
  deemed to be part of the cost of the acquisition of such  real  property
  and  shall  be  paid  accordingly out of any moneys appropriated for the
  acquisition of such property.
    11. The state of New York shall be liable for any damages to any  real
  property  caused  by  the  making of surveys, test pits, test borings or
  other investigations pursuant  to  section  four  hundred  four  of  the
  eminent  domain  procedure  law.    Such  damages  may  be recovered and
  adjusted and paid in the same manner as provided in  this  section  with
  respect to compensation for real property acquired by eminent domain.
    12.  The  owner  of  any  real property acquired by eminent domain 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   caused   by   such
  appropriation,  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.

    13.   If   the   commissioner   shall   determine  subsequent  to  the
  appropriation 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  parks,  recreation
  and   historic   preservation  and  a  copy  thereof  certified  by  the
  commissioner to be filed in the office of the clerk or register 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 clerk
  or  register,  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 grantors. On the filing
  and recording of such  certificate  in  the  office  of  such  clerk  or
  register, all rights acquired by the state under such temporary easement
  shall  cease.  The  commissioner shall cause a further certified copy of
  such certificate, with notice of the filing thereon  in  the  office  of
  parks,  recreation  and  historic  preservation  and  of  the filing and
  recording of a certified copy thereof in the  office  of  the  clerk  or
  register,  to  be  mailed  to  each  owner  of the property affected, as
  certified by the attorney general, if the place  of  residence  of  such
  owner is known.
    14.  The commissioner, may make arrangements with respect to any lands
  heretofore or hereafter acquired by him, whereby such lands may continue
  to be occupied and used by the former owners, their tenants  or  assigns
  or  by any other party from a date specified in said agreement until the
  state requires and obtains actual physical  possession  of  such  lands,
  provided  that  during  the  period  of such occupancy, such lands shall
  remain on the assessment rolls of the municipality, school districts and
  other districts in which they are located and shall be subject  to  real
  estate  taxes  and  assessments  in  the  same manner as privately owned
  lands.  The right of a former owner, tenant, assignee or other party  to
  occupy  and use such lands shall be conditioned on the prompt payment of
  the full amount  of  such  taxes  and  assessments,  with  interest  and
  penalties,  if  any, and compliance with the provisions of section three
  hundred five of the eminent domain procedure law, if  applicable.    The
  state  shall  not be liable for real estate taxes or assessments on such
  lands during such a period. A copy of any such agreement shall be  filed
  with  the  county  clerk  of the county in which such lands are located.
  Nothing herein contained shall be construed to limit  the  authority  of
  the  commissioner  to  accept conditional grants, bequests or devises of
  property under other provisions of this chapter.