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SECTION 307
Acquisition of real property
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 7
§ 307. Acquisition of real property. 1. The commissioner of
education, when an appropriation therefor has been made by the
legislature, may acquire any real property which he may deem necessary
for the purposes of a state educational institution by purchase or
pursuant to the provisions of the eminent domain procedure law the title
to which 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 so acquired pursuant to the
provisions of the eminent domain procedure law, by appropriation, the
commissioner of education shall cause to be made by the state department
of transportation an accurate acquisition map. With respect to any real
property or any easement to be so acquired for state university
purposes, the state university trustees may cause the map, description
and survey contemplated by this subdivision, and any changes,
alterations or modifications in such map contemplated by subdivision
five of this section, to be made by the state department of
transportation or, with the approval of the director of the budget, by a
licensed professional engineer or a licensed land surveyor, and the
state commissioner of transportation and the state university trustees
may each authorize the state university construction fund to act as
agent in making such map, description and survey.

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 provisions of the eminent domain procedure law. With
respect to any real property or easement to be so acquired for state
university purposes, the original tracing of such map shall be filed in
the office of the state university trustees.

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. With respect to any real property or
any easement to be so acquired for state university purposes, upon the
approval of such amended map by the state university trustees, it shall
be filed in the office of the state university trustees 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 in the eminent domain
procedure law, the commissioner of education 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 of education 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 of education, 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; a final 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 of education
or such trustees of the state university of New York, as the case may
be, 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 amount 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 of education and the trustees of the state
university of New York, 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 of education
and the trustees of the state university of New York; 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 of education and
the trustees of the state university of New York 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
of education or, in the case of an acquisition, for the purposes of the
state university, the trustees of the state university of New York find
and determine that the business cannot be relocated without a
substantial loss of its existing patronage, and that the business is not
a 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 or the
trustees of the state university of New York 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 of education or, in the
case of an acquisition for the purposes of the state university, to the
trustees of the state university of New York and shall be accompanied by
such information and evidence as the commissioner or such trustees, as
the case may be, may require. Upon approval of such application, the
commissioner or such trustees, as the case may be, 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 of education or
in the case of an acquisition for the purposes of the state university
to the trustees of the state university of New York 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 the commissioner of education
or such trustees, as the case may be. The commissioner of education and
the trustees of the state university of New York may, with the approval
of the director of the budget, 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 of education or such trustees, as the case may be,
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 of education or such trustees, as the case may be.
Application for payment under this subdivision shall be made to the
commissioner of education or such trustees, as the case may be, and
shall be accompanied by such information and evidence as the
commissioner or such trustees, as the case may be, may require. Upon
approval of such application, the commissioner or such trustees, as the
case may be, 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 acquisition, 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 of education 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 of
education 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 of
education 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 of education 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.

14. Whenever the state university trustees determine that property
under their jurisdiction, heretofore or hereafter acquired for state
university purposes pursuant to this section, or any interest therein,
is unnecessary for the present or foreseeable future needs of the state
university and that any such property or interest may be sold, exchanged
or released on terms beneficial to the state to the former owner from
whom such property or interest was acquired or, in the case of an
interest in such property, to the owner of the servient estate, or to
their respective heirs, successors in interest or assigns, the state
university trustees may sell, exchange or release such property or
interest, to such owner, his heirs, successors in interest or assigns,
with the approval of the director of the budget and notwithstanding the
provisions of any general, special or local law, at the fair market
value thereof or in partial or full settlement of any claim which such
owner, or his heirs, successors in interest or assigns, may have for
damages resulting from the acquisition of such property or interest. In
order to carry any such sale, exchange or release into effect, the state
university trustees are hereby authorized to exchange and deliver in the
name of the people of the state of New York a quitclaim of, or a grant
in and to, any such property or interest. Each such instrument of
conveyance or release shall be prepared by the attorney general and
before delivery thereof, shall be approved by him as to form and manner
of execution.