Section 1801. Grounds

In  any  case,  where  the  person  entitled  to
  compensation from the state, by reason of the appropriation by the state
  of real property, or of any easement therein,  or  of  a  term,  estate,
  inchoate  right  of  dower, or other right or interest in real property,
  and of legal damages caused by any such appropriation,  and  of  damages
  sustained  by  any  entry  upon, use or occupation of, or injury to such
  real property by the state prior to completion of appropriation,  is  an
  infant,  a  person incompetent to manage his affairs by reason of mental
  illness or other cause,  or  a  conservatee  as  designated  in  article
  seventy-seven of the mental hygiene law, and whose interest in such real
  property  or  rights  thereunder  as aforementioned is not governed by a
  trust expressed in a will creating the estate nor  subject  to  a  valid
  power  of  sale contained in such will which does not expressly prohibit
  the giving of a release to the state because of  such  appropriation,  a
  special proceeding may be commenced in the county where the appropriated
  property  or  a  part  thereof  is situated, for leave to release to the
  state the claim for compensation of such infant, incompetent  person  or
  conservatee,  in  the manner provided in this article, for the amount of
  consideration therefor offered by the state.  This  article  shall  also
  apply to the contingent interest of an infant not in being.