Section 40. Real property; purchase or acquisition

1.  The commissioner,
  when an appropriation therefor has been made  by  the  legislature,  may
  acquire   any  real  property  which  he  may  deem  necessary  for  any
  departmental purpose by purchase or,  in  the  manner  provided  in  the
  eminent  domain procedure law.  Title to any such real property shall be
  taken in the name of and be vested in the people of  the  state  of  New
  York;  provided,  however, that no real property shall be so acquired by
  purchase unless the title thereto shall  be  approved  by  the  attorney
  general.
    2.    Whenever real property is to be acquired pursuant to the eminent
  domain procedure law, the commissioner shall cause to  be  made  by  the
  state  department  of  transportation  an accurate acquisition map as so
  provided in such law.
    3. On the approval of such  map  by  the  commissioner,  the  original
  tracing  of such map shall be filed in the main office of the department
  pursuant to the eminent domain procedure law.
    4. If the commissioner shall determine, prior to the  filing  of  such
  map  in the office of the clerk or register of the county, that changes,
  alterations or modifications of such map as filed in the office  of  the
  department should be made, he or she shall, subject to the provisions of
  article  two  of the eminent domain procedure law, if applicable, direct
  the preparation by the department of transportation of an  amended  map.
  On  the  approval  of  such amended map by the commissioner, it shall be
  filed in the main office of the department and  the  amended  map  shall
  thereupon  in  all  respects  and  for  all  purposes  supersede the map
  previously filed.
    5. If the commissioner shall determine, prior to the filing of a  copy
  of such acquisition map in the office of the county clerk or register as
  provided  in  paragraph three of subdivision (A) of section four hundred
  two of the eminent  domain  procedure  law,  that  such  map  should  be
  withdrawn, he or she may file a certificate of withdrawal in the offices
  of  the department and of the 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.
    6.    The commissioner shall deliver to the attorney general a copy of
  such acquisition map, whereupon it shall be the  duty  of  the  attorney
  general  to  advise  and  certify  to  the commissioner the names of the
  owners of the property, easements, interests or rights described in  the
  said  acquisition  map,  including  the  owners  of  any right, title or
  interest therein, pursuant to the requirements of section  four  hundred
  three of the eminent domain procedure law.
    7.    If,  at  or  after  the vesting of title to such property in the
  people of the state of New York as provided for in  the  eminent  domain
  procedure  law,  the  commissioner  shall deem it necessary to cause the
  removal of an owner or occupancy from any real property so acquired,  he
  may  cause  such owner or occupant to be removed therefrom by proceeding
  in accordance with section four  hundred  five  of  the  eminent  domain
  procedure  law.    The  proceeding  shall  be brought in the name of the
  commissioner as agent of  the  state  and  the  attorney  general  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 of the real property
  and be paid in like manner.    Proceedings  may  be  brought  separately
  against  one or more of the owners or occupants of any such property, or
  one proceeding may be brought against all or several of  the  owners  or
  occupants   of   any   or  all  such  property  within  the  territorial
  jurisdiction of the same court, justice or judge; judgment shall 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.
    8.    Upon  making any agreement provided for in section three hundred
  four of the eminent domain procedure law, the commissioner shall deliver
  to the comptroller such agreement and a certificate stating  the  amount
  due  such  owner  or owners thereunder on account of such acquisition of
  his or their property and the amounts so fixed shall be paid out of  the
  state  treasury  after audit by the comptroller from moneys appropriated
  for the acquisition of such real property, but  not  until  there  shall
  have  been  filed  with  the  comptroller  a certificate of the attorney
  general showing the person or persons claiming the amount so agreed upon
  to be legally entitled thereto.
    9.  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.
    10.   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 actual reasonable  and  necessary
  moving  expenses  of  occupants  of  property  acquired pursuant to this
  section;  of actual direct losses of tangible  personal  property  as  a
  result  of moving or discontinuing a business or farm operation, 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  actual  reasonable  expenses  in  searching  for   a
  replacement  business  or  farm;  or  in  hardship cases for the advance
  payment of such expenses and losses.  For the purposes of making payment
  of such expenses and losses only the term "business"  means  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.  In lieu of such  actual  reasonable
  and  necessary  moving  expenses,  any such displaced owner or tenant of
  residential property may elect to accept  a  moving  expense  allowance,
  plus  a  dislocation allowance, determined in accordance with a schedule
  prepared by  the  commissioner  and  made  a  part  of  such  rules  and
  regulations.    In  lieu  of such actual reasonable and necessary moving
  expenses, any such displaced owner or tenant of commercial property  who
  relocates  or  discontinues  his business or farm operation may elect to
  accept a fixed relocation payment in an  amount  equal  to  the  average
  annual  net earnings of the business or farm operation, except that such
  payment shall be not less than two thousand  five  hundred  dollars  nor
  more  than  ten  thousand  dollars.   In the case of a business, no such
  fixed relocation payment shall be made unless the commissioner finds and
  determines that the business cannot be relocated without  a  substantial
  loss  of  its existing patronage, and that the business is not part of a
  commercial enterprise having at least one other establishment, which  is
  not  being  acquired by the state or the United States, which is engaged
  in the same or similar business.  In the case of a business which is  to
  be  discontinued but for which the findings and determinations set forth

  above cannot be made, the commissioner may prepare an estimate  of  what
  the  actual  reasonable  and necessary moving expenses, exclusive of any
  storage charges, would be if the business were to be relocated and enter
  into  an agreed settlement with the owner of such business for an amount
  not to exceed such estimate  in  lieu  of  such  actual  reasonable  and
  necessary   moving  expenses.     Application  for  payment  under  this
  subdivision 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 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.   As used in this subdivision the term "commercial
  property"  shall  include  property  owned  by  an  individual,  family,
  partnership,  corporation,  association  or a nonprofit organization and
  includes a farm operation.    As  used  in  this  subdivision  the  term
  "business" means any lawful activity, except a farm operation, conducted
  primarily  for the purchase, sale, lease and rental of personal and real
  property, and for the manufacture, processing, or marketing of products,
  commodities, or any other personal property; for the sale of services to
  the public; or by a nonprofit organization.
    11.   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  pursuant
  to  this  section  who  are entitled thereto, as determined by him.  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.  In the case of
  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 payment to  such
  owner  shall not exceed fifteen thousand dollars.  Such payment shall be
  the amount, if any, which, when added to the acquisition payment  equals
  the  average price, established by the commissioner on a class, group or
  individual basis, required to obtain a comparable  replacement  dwelling
  that  is  decent,  safe and sanitary to accommodate the displaced owner,
  reasonably accessible to public services and places  of  employment  and
  available  on  the  private  market,  but in no event shall such payment
  exceed  the  difference  between  acquisition  payment  and  the  actual
  purchase  price of the replacement dwelling.  Such payment shall include
  an amount which will compensate such displaced owner for  any  increased
  interest  costs  which  such person is required to pay for financing the
  acquisition of any such 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 dwelling.  Such
  amount shall be equal to the excess in the aggregate interest and  other
  debt  service  costs  of that amount of the principal of the mortgage on
  the replacement dwelling which is equal to the  unpaid  balance  of  the
  mortgage  on  the  acquired  dwelling,  over  the  remainder term of the
  mortgage on the acquired dwelling, reduced to discounted present  value.
  The  discount rate shall be the prevailing interest rate paid on savings
  deposits  by  commercial  banks  in  the  general  area  in  which   the
  replacement   dwelling   is   located.     Any  such  mortgage  interest

  differential 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.   Such  payment  shall
  include  reasonable  expenses  incurred  by  such  displaced  owner  for
  evidence of title, recording fees and other closing  costs  incident  to
  the  purchase  of  the  replacement  dwelling, but not including prepaid
  expenses.  Such payment shall be made only  to  a  displaced  owner  who
  purchases  and occupies a replacement dwelling which is decent, safe and
  sanitary within one year subsequent to the date on which he is  required
  to  move from the dwelling acquired pursuant to this section or the date
  on which he receives from the state final payment of all  costs  of  the
  acquired  dwelling,  whichever  occurs  later, except advance payment of
  such amount may be made in hardship cases.   In  the  case  of  property
  acquired  pursuant  to  this section from which an individual or family,
  not otherwise eligible to  receive  a  payment  pursuant  to  the  above
  provisions  of  this subdivision, is displaced from any dwelling thereon
  which has been actually and lawfully  occupied  by  such  individual  or
  family for not less than ninety days immediately prior to the initiation
  of  negotiations  for  the acquisition of such property, such payment to
  such individual or family shall not exceed four thousand dollars.   Such
  payment shall be the amount which is necessary to enable such individual
  or  family  to  lease  or  rent for a period not to exceed four years, a
  decent, safe, and sanitary dwelling of standards adequate to accommodate
  such individual or family in  areas  not  generally  less  desirable  in
  regard  to  public  utilities  and  public and commercial facilities and
  reasonably accesible to his place of employment, but  shall  not  exceed
  four thousand dollars, or to make the down payment, including reasonable
  expenses  incurred  by  such individual or family 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 decent, safe and sanitary dwelling of  standards  adequate
  to  accommodate  such  individual  or family in areas not generally less
  desirable in regard  to  public  utilities  and  public  and  commercial
  facilities,  but  shall not exceed four thousand dollars, except if such
  amount exceeds two thousand dollars, such person must equally match  any
  such  amount  in  excess  of  two  thousand  dollars, in making the down
  payment.  Such payments may be made in installments as determined by the
  commissioner.  Application for payment under this subdivision  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 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.
    12. The owner of any real property so  acquired  may  present  to  the
  court  of  claims,  pursuant  to subdivision (A) of section five hundred
  three of the eminent domain procedure law, a claim for the value of such
  property and for other legal damages 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.    Expenses incurred in the acquisition of the property, including
  the cost of 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.
    14.  If the commissioner shall determine subsequent to the acquisition
  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 the department of state and upon such filing all rights
  acquired  by  the state in such property shall cease and determine.  The
  commissioner shall cause a certified copy  of  such  certificate  as  so
  filed in the office of the department of state to be mailed to the owner
  of  the  property affected, as certified by the attorney general, if the
  place of residence of such owner is known or can  be  ascertained  by  a
  reasonable  effort and such commissioner shall cause a further certified
  copy of such certificate to be filed in  the  office  of  the  recording
  officer  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 recording officer, 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 grantor.