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This entry was published on 2014-09-22
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SECTION 216
Proceedings to acquire
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 6
§ 216. Proceedings to acquire. 1. When it is desired that any real
property in a development area be acquired by condemnation, there shall
be presented to the supervising agency by the redevelopment corporation
a verified petition requesting the issuance of a certificate of approval
of condemnation of such real property which shall contain, among other
things:

(a) A metes and bounds description of the real property involved and a
statement of the estate, interest, privileges, franchise or right
therein or appurtenant thereto to be condemned;

(b) Proof that such real property is within the development area;

(c) Proof that the redevelopment corporation has acquired the fee
title, or valid and enforceable options or contracts for the acquisition
of such title to or in real property satisfying the minimum condemnation
requirement; and

(d) Proof that certificates of approval of the development plan
required by section two hundred three of this article have been issued.

The supervising agency shall determine within a reasonable time
thereafter the truth or sufficiency of the statements and proof
contained in such petition, and, if such determination shall be in the
affirmative, the supervising agency shall issue to the petitioner a
certificate of approval of condemnation. Such certificate shall contain
a description of the real property proposed to be condemned, the facts
so determined with respect thereto, and a statement that the real
property proposed to be condemned is required for a public use and that
its acquisition for such use is necessary. A certified copy of such
certificate of approval of condemnation shall be conclusive evidence of
the facts stated therein in any condemnation proceeding to acquire the
real property, or any part thereof, described in such certificate. No
condemnation proceeding to acquire real property in a development area,
whether by a redevelopment corporation or by a city for a redevelopment
corporation, shall be commenced until such a certificate of approval of
condemnation shall have been issued.

2. Acquisition proceedings by a redevelopment corporation shall be
instituted pursuant to the provisions of the eminent domain procedure
law.

3. Condemnation proceedings for a redevelopment corporation shall be
initiated by a petition to the city to institute proceedings to acquire
for the redevelopment corporation any real property in the development
area. Such petition shall be granted or rejected by the local
legislative body, or if there is a board of estimate in the city then by
the board of estimate, and the resolution or resolutions granting such
petition shall contain a requirement that the redevelopment corporation
shall pay to the city all sums expended or required to be expended by
the city in the acquisition of such real property, and the time of
payment and manner of securing payment thereof, and may require that the
city shall receive, before proceeding with the acquisition of such real
property, such assurances as to payment or reimbursement by the
redevelopment corporation, or otherwise, as the city may deem advisable.
Upon the passage of a resolution or resolutions by the local legislative
body or the board of estimate, as the case may be, granting the
petition, the redevelopment corporation shall cause to be made three
copies of surveys or maps of the real property described in the
petition, one of which shall be filed in the office of the redevelopment
corporation, one in the office of the corporation counsel or chief law
officer of the city, and one in the office in which instruments
affecting real property in the county are recorded. The filing of such
copies of surveys or maps shall constitute the acceptance by the
redevelopment corporation of the terms and conditions contained in such
resolution or resolutions. The city shall proceed under any provision of
any general, special or local law applicable to the condemnation of real
property for public improvements. When title to the real property shall
have vested in the city, it shall convey the same to the redevelopment
corporation upon payment by the redevelopment corporation of the sums
and the giving of the security required by the resolution granting the
petition. As soon as title shall have vested in the city, the
redevelopment corporation may, upon the authorization of the chief
executive officer of the city, enter upon the real property taken, take
over and dispose of existing improvements, and carry out the terms of
the development plan with respect thereto.

4. The following provisions shall apply to any proceedings for the
assessment of compensation and damages for real property in a
development area taken or to be taken by condemnation by or for a
redevelopment corporation:

(a) At any stage of the proceeding, the court may require such prior
notice to be given of an intention to introduce evidence as to the sale,
option, leasing or tenancy of real property other than the real property
directly involved in the proceeding and of particulars relating thereto
as it may deem necessary to prevent surprise.

(b) The deposition of any person, whether or not a party, may be taken
in the manner provided by article thirty-one of the civil practice law
and rules, and the provisions of this section. Such deposition may be
taken upon any question or issue in the proceeding, including the facts
as to any sale, option, lease or tenancy admissible in evidence pursuant
to subdivision four hereof. The deposition may be taken at the instance
of the redevelopment corporation, the city, or of any owner, or at the
direction of the court, at any time during the pendency of the action or
proceeding. At least five days' notice, or if service is through the
mails, at least eight days' notice, shall be given of the taking of the
testimony, if on the part of an owner, to the redevelopment corporation
or city, as the case may be, and to all other owners who have appeared
in the proceeding; if by the redevelopment corporation or a city, to all
owners who have appeared in the proceeding.

(c) For the purposes of this article, the award of compensation shall
not be increased by reason of any increase in the value of the real
property caused by the assembly, clearance or reconstruction, or
proposed assembly, clearance or reconstruction for the purposes of this
article of the real property in the development area. No allowance shall
be made for improvements begun on real property after notice to the
owner of such property of the institution of the proceedings to condemn
such property.

(d) Evidence shall be admissible bearing upon the insanitary, unsafe
or substandard condition of the premises, or the illegal use thereof, or
the enhancement of rentals from such illegal use, and such evidence may
be considered in fixing the compensation to be paid, notwithstanding
that no steps to remedy or abate such conditions have been taken by the
department or officers having jurisdiction. If a violation order is on
file against the premises in any such department, it shall constitute
prima facie evidence of the existence of the condition specified in such
order.

(e) If any of the real property in the development area which is to be
acquired by condemnation has, prior to such acquisition, been devoted to
another public use, it may nevertheless be acquired provided that no
real property belonging to the city or to any other governmental body,
or agency or instrumentality thereof, corporate or otherwise, may be
acquired without its consent. No real property belonging to a public
utility corporation may be acquired without the approval of the
commission or other officer or tribunal having regulatory power over
such corporation.

(f) Upon the trial, evidence of the price and other terms upon a sale
or assignment or of a contract for the sale or assignment of a mortgage,
award, proposed award, transfer of a tax lien or lien of a judgment
relating to property taken, shall be relevant, material and competent,
upon the issue of value or damage and shall be admissible on direct
examination.

(g) Upon the trial a statement, affidavit, deposition, report,
transcript of testimony in an action or proceeding, or appraisal made or
given by any owner or prior owner of the premises taken, or by any
person on his behalf, to any court, governmental bureau, department or
agency respecting the value of the real property for tax purposes, shall
be relevant, material and competent upon the issue of value of damage
and shall be admissible on direct examination.

(h) The term "owner," as used in this section two hundred sixteen,
shall include a person having an estate, interest or easement in the
real property to be acquired or a lien, charge or encumbrance thereon.