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This entry was published on 2014-09-22
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SECTION 22
Determination of ownership of awards for property appropriated
Court of Claims Act (CTC) CHAPTER 860, ARTICLE 3
§ 22. Determination of ownership of awards for property appropriated.
1. In the event there may be adverse and conflicting claims asserted to
an award for property appropriated by the state or any part thereof, or
if there be any apparent lien or encumbrance on the property so
appropriated, or on any interest therein, or any dower or other interest
which has been asserted by any party as affecting the rights to an
award, or which has caused the attorney general or other official of the
state to refuse to make payment of any portion of the award, the court
may, upon motion of a party in an action to determine the amount of said
award, order the interpleader or joinder of anyone claiming or imputed
to have such a claim or interest.

The court shall determine the respective interests and rights of the
parties to the award and the method of apportionment thereof, and direct
to whom the same shall be paid.

2. In the event the court is unable for any reason to determine the
various interests in the award for the property appropriated, and in any
other case as justice requires, it may, in and by its award and judgment
direct the comptroller to deposit the amount awarded as compensation for
the property appropriated in any bank in which moneys belonging to the
fund from which such compensation is payable may be deposited, to the
account of such award. In any case where the court has directed a
deposit in accordance with this subdivision, the comptroller may, at his
option, deposit such money in a sub-account of the eminent domain
account established by section ninety-seven-dd of the state finance law.
Any deposits made pursuant to this subdivision shall be paid and
distributed to the persons entitled to the same as ordered by the
supreme court on application of any person interested in such award.