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This entry was published on 2014-09-22
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Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 18
§ 1801. Grounds. In any case, where the person entitled to
compensation from the state, by reason of the appropriation by the state
of real property, or of any easement therein, or of a term, estate,
inchoate right of dower, or other right or interest in real property,
and of legal damages caused by any such appropriation, and of damages
sustained by any entry upon, use or occupation of, or injury to such
real property by the state prior to completion of appropriation, is an
infant, a person incompetent to manage his affairs by reason of mental
illness or other cause, or a conservatee as designated in article
seventy-seven of the mental hygiene law, and whose interest in such real
property or rights thereunder as aforementioned is not governed by a
trust expressed in a will creating the estate nor subject to a valid
power of sale contained in such will which does not expressly prohibit
the giving of a release to the state because of such appropriation, a
special proceeding may be commenced in the county where the appropriated
property or a part thereof is situated, for leave to release to the
state the claim for compensation of such infant, incompetent person or
conservatee, in the manner provided in this article, for the amount of
consideration therefor offered by the state. This article shall also
apply to the contingent interest of an infant not in being.