Section 19.18. Acquiring title to undocumented property  


Latest version.
  • Notwithstanding any
      other  provision  of law regarding abandoned or lost property the office
      may acquire title to undocumented property held by  the  office  for  at
      least five years as follows:
        1.  The  office  must  give notice by publication that it is asserting
      title to the undocumented property.
        2. In addition to the information described in section 19.16  of  this
      article, the notice shall be entitled "Notice of Intent to Acquire Title
      to  Property"  and must include a statement containing substantially the
      following information: "The records of the office of  parks,  recreation
      and  historic  preservation  fail  to  indicate  the  owner of record of
      certain property in its possession. The office hereby asserts its intent
      to acquire title to the  following  property:  (general  description  of
      property).  If  you  claim  ownership  of this property, you must submit
      written proof of ownership  to  the  office  and  make  arrangements  to
      collect  the  property.  If  you fail to do so within one hundred eighty
      days, the office will commence  proceedings  to  acquire  title  to  the
      property.  If  you  claim an interest in the property but do not possess
      written proof of such interest, you should submit your name and  address
      and  a  written statement of your claim to (name of contact), within one
      hundred eighty days, in order to receive notice of any legal proceedings
      concerning the property.  If you wish to commence legal  proceedings  to
      claim the property, you should consult your attorney.
        3.  If  after  one  hundred  eighty  days  following  the last date of
      publication  of  such  notice  no  claimant  has  responded  thereto  by
      submitting  written proof of ownership of the property to the office, or
      if there is a  dispute  between  the  office  and  any  claimant  as  to
      ownership  of  the  property,  at  the  request of the commissioner, the
      attorney general may make an application to the supreme  court  pursuant
      to  article thirty of the civil practice law and rules for a declaratory
      judgment to determine the office's rights in the property.