§ 347. Property for state thruways, bridges thereon, and other thruway
uses and purposes to be acquired by appropriation. 1. Notwithstanding
any inconsistent provisions of this chapter or any other law, general or
special, any and all property necessary for the construction,
reconstruction and maintenance of state thruways and bridges thereon,
shall be acquired pursuant to the eminent domain procedure law.

2. The commissioner of transportation, for the people of the state of
New York, shall acquire pursuant to the eminent domain procedure law any
property or interest therein, necessary for any and all purposes
connected with the construction, reconstruction and maintenance of the
thruway system of the state of New York, including the acquisition of
property for drains, ditches, spoil banks, gravel pits, 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 upon incorporation into a state
thruway of an existing highway or portion thereof of which they form a
part, and for the separation of thruway-railroad grades on newly
laid-out thruways; and for other purposes to improve safety conditions
on the thruway routes.

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 thruway 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. 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 the county clerk as
aforesaid, that changes, alterations or modifications of such
description and map as filed in the main office of the New York state
thruway authority should be made, he or she shall, subject to the
provisions in article two of the eminent domain procedure law if
applicable, direct the preparation of an amended acquisition 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 New York state thruway authority 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 the
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 shall file a certificate of withdrawal in
the offices of the New York state thruway authority 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 in the eminent domain
procedure law, the commissioner of transportation, or such duly
authorized representative or agency which has succeeded him in the
jurisdiction of the property so acquired, 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 such law. The
proceedings shall in all instances 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 raising any
material issue, 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.

9. 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 from moneys appropriated
for the construction, reconstruction and maintenance of state thruways
and bridges thereon, 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.

10. 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.

11. The commissioner of transportation, 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.

12. 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.

13. Authorization is hereby given to the commissioner of
transportation 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 payments 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 action.
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.

14. Any owner may pursuant to section five hundred three of the
eminent domain procedure law present to the court of claims a claim for
the value of such property acquired 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 and maintenance of
state thruways and bridges thereon.

15. If the work of constructing, reconstructing and maintaining such
state thruways and bridges thereon causes 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 not already
existing by statute. Claims for such damage may be adjusted by the
department 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 such improvement as prescribed by this
section. If the amount of any such claim is not agreed upon, such claim
may 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 of the improvement by the
commissioner of transportation.

16. 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 or
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 thruway 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
acquisition claims, provided, however, that no real property shall be so
acquired unless the title thereto shall be approved by the attorney
general.

17. 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
notices of appropriation, making title searches, appraisals and
agreements, and examinations and readings of title 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, reconstruction and maintenance of state thruways and
bridges thereon 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.

18. Notwithstanding the provisions of any general, special or local
law, the commissioner of transportation, his officers or agents when
engaged on work connected with the thruway system of the state of New
York, as described in this chapter may pursuant to the eminent domain
procedure law enter upon any 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 work
and not exceeding two thousand five hundred dollars may, without
appropriating such property, be adjusted by agreement by the
commissioner of transportation with the owner of the property affected
as determined by him by reasonable investigation, and the amount so
agreed upon shall be paid out of the state treasury, after audit by the
comptroller, from monies appropriated for the construction,
reconstruction and maintenance of state thruways and bridges thereon,
but not until there shall have been filed with the comptroller a
certificate of the attorney general approving, as to form and manner of
execution, such agreement and any release given in consideration of such
payment.

19. The commissioner of transportation may determine whether any
property acquired for any of the purposes connected with the thruway
system of the state of New York pursuant to this section may, while
under his jurisdiction, and subject to compliance with section four
hundred six of the eminent domain procedure law, be sold or exchanged,
in whole or in part, on terms beneficial to the state, and in all cases
of such determination he may sell or exchange such property; 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 such property.

20. If the commissioner of transportation, or such duly authorized
representative or agency which has succeeded him in the jurisdiction of
the property affected, shall determine subsequent to the acquisition of
a temporary easement right in property and subsequent to the filing of a
map of such property in the office of the county clerk or register, as
aforesaid, that the purposes for which such easement right was acquired
have been accomplished and that the use and occupancy of said property
for state thruway purposes are no longer necessary, and that, therefore,
the term of such easement should then be terminated, or if the
appropriation of such easement was for an indefinite period, that the
end of such period should be fixed and determined, or that the period of
such easement has by its terms expired, he shall make his certificate to
that effect and, in case he certifies that the use and occupancy of such
property for such thruway purposes are no longer necessary, he shall
further certify that the property in which such easement right was
acquired is surrendered back to the affected owner of said property and
that such easement right is thereupon terminated, released and
extinguished. The commissioner of transportation, or his said successor,
shall cause a copy of such certificate to be filed in the office of the
department of state. Upon the filing of such certificate in the office
of the department of state, the term of such easement, or all the
easement rights acquired by the state in such property, shall, by virtue
of such filing and in accordance with the determination expressed in
such certificate, be fixed and determined, or terminated, released and
extinguished. The commissioner of transportation, or his said successor,
shall cause a copy of such certificate together with notice of the
filing thereof in the office of the department of state to be mailed to
the current owner of the property affected, so far as such owner and his
place of residence can be ascertained by him by reasonable
investigation. 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. Upon the filing with said
officer of such certificate, in the form aforementioned, and of such
notice, it shall be his duty, without further requirement, to record the
same in the books used for recording deeds in his office.