§ 21. Acquisition of real property by purchase and 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 the purposes of the department by purchase or pursuant to 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 title to 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 said law.

3. On the approval of such map by the commissioner, the original
tracing of such map shall, pursuant to the eminent domain procedure law,
be filed in the main office of the department.

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 main 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 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law, that such map should be withdrawn, he or she may file a certificate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 occupant 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
given 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 appropriation 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 moneys
appropriated for the obtaining of title to 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 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
non-profit 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 accessible 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 section five hundred three of the eminent
domain procedure law a claim for the value of such property acquired 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 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.