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SECTION 71.01
Acquisition of real property
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 71
§ 71.01 Acquisition of real property.

(a) The head of each office of the department, as defined in section
5.03 of this chapter, when an appropriation therefor has been made by
the legislature, may acquire, for and on behalf of the health and mental
hygiene facilities improvement corporation, any real property which he
may deem necessary for the purpose of a state institution, or for that
office or division of the department of which he is the head, by
purchase or pursuant to 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.

(b) Whenever real property is to be acquired pursuant to the eminent
domain procedure law, the commissioner of mental hygiene shall cause to
be made by the office of general services an accurate acquisition map.
With respect to any real property or any easement to be so acquired for
mental hygiene purposes, the commissioner of mental hygiene may cause
the map, contemplated by this subdivision, and any changes, alterations
or modifications in such map and description contemplated by subdivision
(e) of this section, to be made by the office of general services or,
with the approval of the director of the budget, by a licensed
professional engineer or a licensed land surveyor, and the commissioner
of general services and the commissioner of mental hygiene may each
authorize the health and mental hygiene facilities improvement
corporation to act as agent in making such map.

(c) Whenever real property is to be acquired pursuant to the eminent
domain procedure law, the commissioner of mental hygiene shall cause an
accurate map to be made by the state department of transportation. With
respect to any real property or any easement to be so acquired for
mental hygiene purposes, the commissioner of mental hygiene may cause
the map, contemplated by this subdivision, and any changes, alterations
or modifications in such map and description contemplated by subdivision
(e) 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 commissioner of mental
hygiene may each authorize the mental hygiene facilities improvement
fund to act as agent in making such map.

(d) 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.

(e) 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.

(f) 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.

(g) The commissioner of mental hygiene 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
mental hygiene 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.

(h) 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 of mental hygiene 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 mental hygiene 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 mental hygiene, 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 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.

(i) Upon making any agreement provided for in section three hundred
four of the eminent domain procedure law, the commissioner of mental
hygiene 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.

(j) 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.

(k) The commissioner, with the approval of the director of the budget,
shall establish and may amend rules and regulations authorizing the
payment of actual reasonable and necessary moving expenses of occupants
of property acquired pursuant to this section or in hardship cases for
the advance payment of reasonable and necessary moving expenses. 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, or five thousand dollars, whichever is the
lesser. 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. 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 "commercial property" shall include property owned
by an individual, family, business concern (including the operation of a
farm) and a non-profit organization.

(l) 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 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 single,
two-family or three-family dwelling actually owned and occupied by the
owner for not less than one year immediately prior to the initiation of
negotiations for the acquisition of such property, such payment to such
owner shall not exceed five 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.
Such payment shall be made only to a displaced owner who purchases and
occupies a dwelling within one year subsequent to the date on which he
is required to move from the dwelling acquired pursuant to this section,
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 other 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 one thousand
five hundred 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 two years, or to make the down payment on the
purchase of, a decent, safe and sanitary dwelling adequate to
accommodate such individual or family. 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.

(m) 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.

(n) If the commissioner of mental hygiene 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
mental hygiene 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
mental hygiene 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 mental hygiene 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.

(o) If moneys appropriated by the legislature for the acquisition of
any real property under this section are subject to repayment, the
comptroller shall annually certify to the trustees of the health and
mental hygiene facilities improvement corporation on or before May first
in every year, the costs of acquisition of such real property paid
during the preceding state fiscal year and the aggregate costs of
acquisition of such real property paid during all preceding state fiscal
years out of the state treasury from moneys so appropriated.