§ 30. Acquisition by the state of property required for the
construction and reconstruction of state highways and structures
thereon. 1. (a) Upon the construction, reconstruction or improvement,
pursuant to this chapter of a state highway the property required
therefor may be acquired by the state as provided in the eminent domain
procedure law. A state highway indicated under this chapter for
construction or improvement, or any portion of such highway, may be
constructed, reconstructed or improved, as a controlled access highway,
upon the adoption of a resolution by a majority vote of the members of
the board of supervisors of the county in which the highway is to be
constructed. The resolution of the board of supervisors herein referred
to shall not be required in relation to highways to be projected as
through trunk routes and principally on new locations.

(b) Whenever plans for the construction, reconstruction or improvement
of a state highway which is now or which shall hereafter be designated
in section three hundred forty-one of this chapter, shall provide for
the relocation of such state highway or portion thereof on a location
which deviates from the location of the existing highway for a
continuous length in excess of one mile as measured along the center
line of the existing highway, the commissioner of transportation shall,
before filing the descriptions and the original tracings of any maps or
proceeding with the acquisition of property or the work of construction,
reconstruction or improvement, transmit such plans to the board of
supervisors of each county in which such relocation or any portion
thereof is situated. In case the relocation or any portion thereof as
proposed, is situated in a county other than the county in which the
existing highway or portion thereof is located, such plans shall be
transmitted to both of such counties and shall be subject to the
approval, disapproval or modification by each of such counties in the
manner as hereinafter provided. The board of supervisors, after the
receipt of such plans, may conduct a public hearing or hearings upon
such notice as such board of supervisors shall deem reasonable, but not
less than ten days, to the commissioner of transportation and to such
other party or parties deemed by said board of supervisors to be
interested in the project. In any event, and within ninety days after
receipt of the plans, the board of supervisors shall, by resolution,
duly adopted by a majority vote of its members, approve, disapprove or
recommend modifications in such plans as the public interest shall
require. Within ten days after the adoption of the resolution, the clerk
of the board of supervisors shall mail a certified copy thereof to the
commissioner of transportation. In case such relocation is situated in
two or more counties, such resolution must be separately adopted by the
board of supervisors of each county as to the relocation situated
therein. The form of the resolution shall be prescribed by the
commissioner of transportation. In case the board of supervisors shall
disapprove the plans, without proposing modifications, the commissioner
of transportation may, in his discretion, prepare and submit to the
board of supervisors for approval other plans for the construction,
reconstruction or improvement of the state highway to be acted upon by
the board of supervisors in the manner herein prescribed within sixty
days after receipt of such plans. In case the board of supervisors shall
disapprove the plans, and shall recommend modifications, the
commissioner of transportation may approve the plans as so modified, or
recommend other modifications for approval, and such state highway shall
be constructed, reconstructed, or improved in accordance with such plans
as finally approved. When the plans, for construction, reconstruction or
improvement of a state highway have finally been approved as herein
provided, no resolution thereafter adopted by the board of supervisors
of a county shall rescind, annul or modify such prior resolution either
directly or indirectly, excepting upon the advice and with the consent
of the commissioner of transportation. Upon the failure or omission of
any board of supervisors to act within the time and manner herein
required, the said plans shall be deemed to be approved so far as such
board of supervisors is concerned.

2. The commissioner of transportation, for and in behalf of the people
of the state of New York may acquire, pursuant to the eminent domain
procedure law any and all property necessary for the construction,
reconstruction and improvement of state highways and bridges or culverts
on the state highway system, including the appropriation of property for
drains, ditches, spoil banks, gravel pits and stone quarries; also for
the removal of obstructions, improvement of sight distances; also for
acquisition of property for the reconstruction of existing
highway-railroad separation structures and for the separation of
highway-railroad grades on newly laid-out highways; and for other
purposes to improve safety conditions on the state highway system. When
the commissioner is exercising the property acquisition power granted
him pursuant to subdivision six of section eighty-nine of this chapter,
relating to control of junkyards and scrap metal processing facilities,
such term "property" shall include junk located upon land to be
appropriated and described on the acquisition map in a manner sufficient
to permit reasonable identification thereof.

3. The commissioner of transportation shall cause to be prepared an
accurate acquisition map of any property which he may deem necessary for
purposes connected with such highway projects or of any property in and
to which he may deem the acquisition or exercise of an easement,
interest or right to be necessary for such purposes indicating and
describing in each case the particular easement, interest or right.
Unless access to and from abutting property is expressly acquired by the
terms of the description and map, any permanent drainage easement
heretofor or hereafter acquired pursuant to this chapter shall be deemed
as reserving to the owner of the property, his successors and assigns,
the right of access over, through or across the easement for utility
lines, cables or conduits and by foot or by vehicle and with the right
to construct and maintain on such property a road or roads as necessary
for the exercise of such right, provided that the exercise of such right
does not interfere with the drainage for which the easement was
acquired. On the approval of such acquisition map by the commissioner of
transportation, he shall acquire such property, easements, interests or
rights pursuant to the eminent domain procedure law.

4. If the commissioner shall determine, prior to the filing of such
copy of the acquisition map in the office of county clerk as aforesaid,
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 of an amended map, either by
preparing a new map or by making changes on the original tracing of such
map, with a notation indicating such changes. On the approval of such
amended map by the commissioner, it shall be filed in the main office of
the department in the same manner as the original map was filed 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 filing a copy of an
acquisition map in the office of the county clerk as provided in section
four hundred two of the eminent domain procedure law, that such map
should be withdrawn, he or she shall file a certificate of withdrawal in
the offices of the department and 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 of transportation 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 of
transportation 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 in the manner provided for in the eminent
domain procedure law, the commissioner of transportation shall deem it
necessary to cause the removal of an owner or other occupant from such
property, he may cause such owner or other occupant to be removed
therefrom by proceeding in accordance with section four hundred five of
said law. The proceeding shall be brought in the name of the
commissioner of transportation as agent of the state. If any person
proceeded against shall contest the petition by an answer, the attorney
general shall be notified, and he thereafter shall represent the
petitioner in the proceedings. No execution shall issue for costs, if
any, awarded against the state or the commissioner of transportation,
but they shall be part of the costs of the acquisition and be paid in
like manner. Proceedings may be brought separately against one or more
of the owners or other occupants of a property, or one proceeding may be
brought against all or several of the owners or other occupants of any
or all property within the territorial jurisdiction of the same justice
or judge; judgment shall effect or 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. The commissioner of transportation, upon making any agreement
provided for in section three hundred four of the eminent domain
procedure law, 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 purposes connected with such
highway projects, 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; of actual
reasonable expenses in searching for a replacement business or farm; and
of actual reasonable expenses necessary to reestablish a displaced farm,
not-for-profit organization or small business at its new site, but not
to exceed ten thousand dollars, or in hardship cases for the advance
payment of such expenses and losses. 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 and actual reasonable reestablishment expenses, any such
displaced owner or tenant of commercial property who meets eligibility
criteria and 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 one thousand dollars nor more
than twenty thousand dollars. A displaced not-for-profit organization
may choose a fixed payment of one thousand to twenty thousand dollars in
lieu of the payment for actual moving and related expenses and actual
reasonable reestablishment expenses if eligibility criteria are met.
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
not-for-profit 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 not-for-profit
organization. The term "small business" means a business having not more
than five hundred employees working at the site being acquired or
permanently displaced. As used in this subdivision, the term "farm
operation" means any activity conducted solely or primarily for the
production of one or more agricultural products or commodities including
timber, for sale or home use, and customarily producing such products or
commodities in sufficient quantities to be capable of contributing
materially to the operator's support.

11. The commissioner of transportation pursuant to section three
hundred five of the eminent domain procedure law may make agreements on
such terms, conditions and consideration as he deems beneficial to the
state with respect to any property heretofore or hereafter acquired,
whereby such property may be used and occupied by the former owner,
tenant or by any other party from a date specified in said agreement,
until such time as the state requires and obtains actual physical
possession. The agreements for the use and occupancy of such property
may be managed, supervised and enforced (1) by the staff, forces and
equipment of the department of transportation; or (2) by the
commissioner of transportation contracting for the management,
supervision and enforcement thereof with any person, firm or
corporation; or (3) by a combination of such methods.

The use and occupancy of such property under the provisions of this
section and the right of the state or its duly authorized agent to
recover possession thereof shall not be subject to the emergency housing
rent control law.

Expenses which are determined by the commissioner of transportation to
have been incurred in connection with the use and occupancy of such
property may be paid out of the state treasury after audit by the
comptroller from moneys appropriated for the duly authorized project for
which the property was acquired. However, such expenses incurred under a
contract for management and supervision of such property may be paid out
of the gross revenue therefrom. All moneys received by the commissioner
of transportation for such use or occupancy shall be paid into the
treasury of the state to the credit of the capital construction fund.

12. 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 or replacement housing. 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 twenty-two
thousand five hundred 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
a replacement dwelling which is decent, safe and sanitary. 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. 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 the department identifies, for the displaced owner,
replacement housing actually available within the limits of the offer
extended for replacement housing, 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 five thousand two
hundred fifty 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 forty-two months, 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. Such payment may be used as a 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. Such payments may be made in installments as
determined by the commissioner. However, notwithstanding the provisions
of this subdivision, if it is determined by the commissioner that
replacement housing cannot be obtained for the supplemental relocation
payments specified herein, he may, subject to the approval of the
director of the budget, take such action as is necessary or appropriate
to provide last resort housing with the use of funds authorized for the
project. 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.

13. The owner of any property, easements, interests or rights
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 appropriated and for 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 from moneys appropriated for the
construction, reconstruction or improvement of state highways and
bridges.

14. If the work of construction or reconstruction of any highway
project shall cause actual damage to property not acquired as above
provided, the state shall be liable therefor, but this provision shall
not be deemed to create any liability on the part of the state not
already existing in law. Claims for such damage may be adjusted by the
commissioner of transportation, if the amounts thereof can be agreed
upon with the persons making such claims, and any amount so agreed upon
shall be paid as a part of the cost of the construction or
reconstruction of such highway project as prescribed by this section. If
the amount of any such claim is not agreed upon, such claim may pursuant
to the eminent domain procedure law, be presented to the court of claims
which is hereby authorized to hear such claim and determine if the
amount of such claim or any part thereof is a legal claim against the
state and if it so determines, to make an award and enter judgment
thereon against the state, provided, however, that such claim is filed
with the court of claims within three years after the final acceptance
of the work by the commissioner of transportation.

15. Notwithstanding any other provision of this section, the
commissioner of transportation shall have the power to acquire by grant
or purchase, in the name of the people of the state of New York, any
property which he deems necessary for any of the purposes provided for
in this section, and payment therefor, if any, shall be made in the
manner prescribed in this section for the payment of adjusted
acquisition claims, provided, however, that no real property shall be so
acquired unless the title thereto shall be approved by the attorney
general.

16. The expense of the acquisition of property including the cost of
making surveys and preparing descriptions and maps of property to be
acquired, and of administrative duties in connection therewith, serving
notice of acquisition, publication, making title searches, appraisals
and agreements, and examinations and readings and approval of titles
made by the attorney general, and expenses incurred by the commissioner
of transportation or the attorney general in proceedings for removal of
owners or occupants, shall be deemed part of the cost of such
improvement. The comptroller is hereby authorized to charge against any
moneys available for the construction and reconstruction or improvement
of state highways and bridges and to reserve therefrom such sums as may
be sufficient to defray the necessary expenses to be incurred by the
attorney general for examination, readings, and approval of titles, upon
the filing with him by the attorney general from time to time of a
certificate or certificates approved by the commissioner of
transportation setting forth such estimated expenses. Such expenses
shall be paid from the funds so reserved after audit by the state
comptroller.

17. Notwithstanding the provisions of any general, special or local
law, the commissioner of transportation, his officers, agents or
contractor and the officers or agents of the United States when engaged
on such highway projects, may, pursuant to section four hundred four of
the eminent domain procedure law, enter upon property for the purpose of
making surveys, test pits, test borings, or other investigations and
also for temporary occupancy during construction. Claims for any damage
caused by such entry, work or occupation not exceeding twenty-five
hundred dollars may be adjusted by agreement by the commissioner of
transportation with the owner of the property affected as determined by
him by reasonable investigation without appropriating such property.
Upon making any such adjustment and agreement, the commissioner of
transportation shall deliver to the comptroller such agreement and a
certificate stating the amount due such owner and the amount so fixed
shall be paid out of the state treasury from monies appropriated for the
acquisition of property for the project requiring such entry, work or
occupation.

18. The commissioner of transportation may determine whether any
property heretofore or hereafter acquired pursuant to this section for
any of the purposes connected with the highway system of the state of
New York may be, in whole or in part, sold or exchanged on terms
beneficial to the state, and in all cases of such determination he may,
subject to compliance with section four hundred six of the eminent
domain procedure law and notwithstanding the provisions of any general,
special or local law, so dispose of such property, provided however,
that on highways where access is not controlled such disposal of
property shall not thereby deprive an owner of any existing frontage
thereon immediately in front of his premises. In order to carry any such
sale or exchange into effect the commissioner of transportation is
hereby authorized to execute and deliver, in the name of the people of
the state, a quitclaim of, or a grant in and to, such property. Each
such instrument of conveyance shall be prepared by the attorney general
and before delivery thereof, shall be approved by him as to form and
manner of execution.

20. If, subsequent to the acquisition of a temporary easement right in
property pursuant to this section, the commissioner shall determine; (a)
that the purposes for which such easement right was acquired have been
accomplished and that the use and occupancy of said property for such
purposes is no longer necessary, or (b) that the period fixed by the
terms of such easement for expiration of the same should be further
limited, or (c) if the acquisition of such easement was for an
indefinite period, that such period should be fixed and determined, the
commissioner shall make a certificate to such effect. Upon the
expiration of the then fixed and determined term of the easement, the
easement will expire by the terms of the certificate and the affected
property will be surrendered back to the owner, free of such easement,
and the easement will be accordingly thereupon terminated, released and
extinguished. The commissioner shall cause a copy of such certificate to
be filed in the main office of the department. In the event that the
term of a temporary easement has been fixed at a specific period of time
by the description and map no further certificate shall be required.

The commissioner shall cause a copy of such certificate together with
notice of the filing thereof in the main office of the department 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. A further copy of such
certificate and notice of filing shall be filed in the office of the
recording officer of each county wherein the property affected is
situated. On the filing of such certificate and notice with such officer
it shall be the duty of such officer to record same in the books used
for recording deeds in the office of such officer.

21. Notwithstanding any other provision of this section, the
commissioner of transportation shall have the power to acquire by grant
or purchase, in the name of the people of the state of New York, any
property which he deems necessary for any of the purposes provided for
in this section and may also acquire for such purposes from the
Palisades interstate park commission, in the name of the people of the
state of New York, such lands and such easements, licenses, permits and
other rights over lands as the said commission is authorized to grant,
sell, exchange or convey. When the acquisition by appropriation, grant
or purchase of property deemed necessary for highway purposes would
result in substantial consequential damages to the owner's remaining
property, due to loss of access, severance or control of access, the
commissioner of transportation, for and in behalf of the people of the
state of New York, may acquire by purchase or grant all or any portion
of such remaining property. Payment therefor, if any, shall be made in
the manner prescribed in this section for the payment of adjusted
appropriation claims, provided, however, that no real property shall be
so acquired unless the title thereto shall be approved by the attorney
general.