S T A T E O F N E W Y O R K
________________________________________________________________________
S. 316 A. 32
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to the acquisi-
tion of property by eminent domain
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 360-a to read as follows:
S 360-A. ACQUISITION OF PROPERTY BY EMINENT DOMAIN. 1. NOTWITHSTAND-
ING THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE LAW, THE PROVISIONS
OF THIS SECTION SHALL APPLY TO THE ACQUISITION OF PROPERTY FOR THE
PURPOSES ENUMERATED IN SECTION THREE HUNDRED SIXTY OF THIS ARTICLE BY
THE POWER OF EMINENT DOMAIN, PROVIDED, HOWEVER, TO THE EXTENT THAT
PROVISIONS HEREIN DO NOT SUPERSEDE OR CONFLICT WITH THE PROVISIONS OF
THE EMINENT DOMAIN PROCEDURE LAW, THE PROVISIONS OF SUCH LAW SHALL
APPLY.
2. WHEN ANY REAL PROPERTY IS SOUGHT TO BE ACQUIRED BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN, AND AFTER THE MUNICIPAL CORPORATION SHALL
HAVE ENTERED INTO NEGOTIATIONS FOR THE PURCHASE OF SUCH PROPERTY, THE
MUNICIPAL CORPORATION SHALL CAUSE A SURVEY AND MAP TO BE MADE THEREOF
AND SHALL CAUSE SUCH SURVEY AND MAP TO BE FILED IN ITS OFFICE AND IN THE
OFFICE OF THE COUNTY CLERK IN THE COUNTY IN WHICH SUCH PROPERTY IS
LOCATED. THERE SHALL BE ANNEXED TO SUCH SURVEY AND MAP A CERTIFICATE
EXECUTED BY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPAL CORPORATION OR
BY SUCH OTHER OFFICER OR EMPLOYEE AS MAY BE DESIGNATED BY THE GOVERNING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00812-01-5
S. 316 2 A. 32
BOARD, STATING THAT THE PROPERTY OR INTEREST THEREIN DESCRIBED IN SUCH
SURVEY AND MAP IS NECESSARY FOR ITS PURPOSE.
3. UPON FILING SUCH SURVEY AND MAP, THE MUNICIPAL CORPORATION SHALL
PETITION A SPECIAL TERM OF THE SUPREME COURT IN THE JUDICIAL DISTRICT IN
WHICH THE PROPERTY IS LOCATED FOR THE ACQUISITION OF SUCH PROPERTY OR
INTEREST THEREIN. SUCH PETITION SHALL DESCRIBE THE PROPERTY BEING
ACQUIRED, THE VALUATION DATE, AS DETERMINED BY THE MUNICIPAL CORPO-
RATION, AND SUCH ADDITIONAL INFORMATION AS THE MUNICIPAL CORPORATION MAY
REASONABLY DEEM NECESSARY TO FACILITATE THE PROCESS OF CONDEMNATION AND
PAYMENT. THE PETITION SHALL STATE THAT THE MUNICIPAL CORPORATION WILL
ELECT WHETHER OR NOT TO PAY THE AMOUNT OF SUCH AWARD WHEN IT HAS BEEN
FINALLY DETERMINED. IN ALL OTHER RESPECTS, SUCH PETITION SHALL BE GENER-
ALLY IN THE FORM PRESCRIBED BY THE EMINENT DOMAIN PROCEDURE LAW, SO FAR
AS CONSISTENT HEREWITH. SUCH PETITION, TOGETHER WITH A NOTICE OF PENDEN-
CY OF THE PROCEEDING, SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK
OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED AND SHALL BE INDEXED AND
RECORDED AS PROVIDED BY LAW. A COPY OF SUCH PETITION, TOGETHER WITH A
NOTICE OF THE PRESENTATION THEREOF TO SUCH SPECIAL TERM OF THE SUPREME
COURT, SHALL BE SERVED UPON THE OWNERS OF SUCH PROPERTY AS PROVIDED IN
THE EMINENT DOMAIN PROCEDURE LAW. THE MUNICIPAL CORPORATION MAY CAUSE A
DUPLICATE ORIGINAL AFFIDAVIT OF THE SERVICE THEREOF TO BE RECORDED IN
THE BOOKS USED FOR THE RECORDING OF DEEDS IN THE OFFICE OF THE COUNTY
CLERK OF THE COUNTY IN WHICH THE PROPERTY DESCRIBED IN SUCH NOTICE IS
LOCATED, AND THE RECORDING OF SUCH AFFIDAVIT SHALL BE PRIMA FACIE
EVIDENCE OF DUE SERVICE THEREOF.
4. SUBSEQUENT PROCEEDINGS SHALL BE CONDUCTED GENERALLY IN THE MANNER
PRESCRIBED IN THE EMINENT DOMAIN PROCEDURE LAW EXCEPT TO THE EXTENT THE
PROVISIONS THEREOF ARE INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE,
IN WHICH CASE THE PROVISIONS OF THIS ARTICLE SHALL CONTROL.
5. IN ANY PROCEEDING INVOLVING THE VALUATION OF PROPERTY TAKEN BY THE
MUNICIPAL CORPORATION THE SUPREME COURT SHALL ASCERTAIN AND DETERMINE
JUST COMPENSATION FOR THE PROPERTY TAKEN AS OF THE VALUATION DATE,
GIVING DUE CONSIDERATION TO ANY APPLICABLE FINDINGS AND DETERMINATIONS
OF THE LEGISLATURE.
6. SHOULD PROPERTY BE TAKEN BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN AND IF THE OWNER SHALL HAVE AGREED UPON THE COMPENSATION TO BE
PAID THEREFOR IN SETTLEMENT OF THE PROCEEDING, THEN THE OWNER SHALL BE
ENTITLED TO PAYMENT OF THE AGREED UPON OR AWARDED COMPENSATION WITHIN
ONE HUNDRED EIGHTY DAYS AFTER THE DATE OF THE AGREEMENT UPON THE AMOUNT
OF THE COMPENSATION OR OF THE ENTRY OF THE AWARD, TOGETHER WITH INTEREST
UPON THE AMOUNT OF SUCH COMPENSATION FROM THE TIME OF ACQUISITION THERE-
OF BY THE MUNICIPAL CORPORATION TO THE DATE OF PAYMENT OF SUCH COMPEN-
SATION; BUT SUCH INTEREST SHALL CEASE UPON THE SERVICE BY THE MUNICIPAL
CORPORATION, UPON THE PERSON OR CORPORATION ENTITLED THERETO, OF A
FIFTEEN DAYS' NOTICE THAT THE MUNICIPAL CORPORATION IS READY AND WILLING
TO PAY THE AMOUNT OF SUCH COMPENSATION UPON THE PRESENTATION OF PROPER
PROOFS AND VOUCHERS. SUCH NOTICE SHALL BE SERVED PERSONALLY OR BY REGIS-
TERED MAIL AND PUBLICATION THEREOF SHALL BE MADE AT LEAST ONCE A WEEK
FOR THREE CONSECUTIVE WEEKS IN A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE COUNTY IN WHICH SUCH PROPERTY OR ANY PART THEREOF IS LOCATED.
7. UPON THE ENTRY OF AN AWARD FINALLY DETERMINING JUST COMPENSATION
FOR THE PROPERTY, THE MUNICIPAL CORPORATION SHALL HAVE SIXTY DAYS AFTER
RECEIPT OF NOTICE OF ENTRY OF SUCH AWARD WITHIN WHICH TO ELECT TO
PROCEED WITH THE TAKING OR TO ABANDON SUCH ACQUISITION AS PROVIDED IN
SUBDIVISION NINE OF THIS SECTION. NOTICE OF SUCH ELECTION SHALL BE
SERVED BY THE MUNICIPAL CORPORATION ON THE OWNERS OF SUCH PROPERTY IN
S. 316 3 A. 32
THE MANNER PRESCRIBED IN SUBDIVISION THREE OF THIS SECTION. IF THE
MUNICIPAL CORPORATION ELECTS TO PROCEED WITH THE ACQUISITION, IT SHALL
DEPOSIT WITH THE SUPREME COURT IN WHICH THE CONDEMNATION PROCEEDING WAS
HELD AN AMOUNT EQUAL TO THE AWARD WITHIN ONE HUNDRED EIGHTY DAYS AFTER
RECEIPT BY THE MUNICIPAL CORPORATION OF NOTICE OF ENTRY OF SUCH AWARD.
UPON THE MAKING OF SUCH DEPOSIT, THE MUNICIPAL CORPORATION SHALL NOTIFY
THE OWNER IN WRITING OF SUCH DEPOSIT. THE SUM SO DEPOSITED SHALL BE
APPLIED AS PROVIDED IN THE EMINENT DOMAIN PROCEDURE LAW. UPON MAKING
SUCH DEPOSIT AND GIVING SUCH NOTICE TO THE OWNER, TITLE TO ALL PROPERTY
DESCRIBED IN THE NOTICE OF TAKING SHALL IMMEDIATELY VEST IN THE MUNICI-
PAL CORPORATION AND THE MUNICIPAL CORPORATION SHALL HAVE IMMEDIATE RIGHT
THERETO. THE ORDER SETTING FORTH THE AWARD, TOGETHER WITH THE EVIDENCE
FROM THE CLERK OF THE COURT OF RECEIPT OF THE AMOUNT OF THE AWARD, SHALL
BE FILED IN THE OFFICE OF THE COUNTY CLERK OF THE COUNTY IN WHICH THE
PROPERTY IS LOCATED AND SHALL BE INDEXED AND RECORDED IN THE SAME MANNER
AS A NOTICE OF PENDENCY UNDER THE EMINENT DOMAIN PROCEDURE LAW. THE
OWNER OR PERSON IN POSSESSION OF SUCH PROPERTY SHALL DELIVER POSSESSION
THEREOF TO THE MUNICIPAL CORPORATION UPON DEMAND, AND IN CASE POSSESSION
IS NOT DELIVERED WHEN DEMANDED OR DEMAND IS NOT CONVENIENT BECAUSE OF
ABSENCE OF THE OWNER OR INABILITY TO LOCATE OR DETERMINE THE OWNER, THE
MUNICIPAL CORPORATION MAY APPLY TO THE COURT WITHOUT NOTICE FOR AN ORDER
REQUIRING THE SHERIFF TO PUT IT INTO POSSESSION OF SUCH REAL PROPERTY.
SUCH AN ORDER SHALL BE EXECUTED AS IF IT WERE AN EXECUTION FOR THE
DELIVERY OF THE POSSESSION OF THE PROPERTY. IN THE EVENT THE MUNICIPAL
CORPORATION ELECTS TO ABANDON THE ACQUISITION, THE PROVISIONS OF SUBDI-
VISION NINE OF THIS SECTION SHALL APPLY.
8. AT ANY TIME THE MUNICIPAL CORPORATION AND ITS DULY AUTHORIZED
AGENTS AND EMPLOYEES MAY, ON REASONABLE NOTICE AND DURING BUSINESS
HOURS, ENTER UPON ANY REAL PROPERTY PROPOSED TO BE ACQUIRED FOR THE
PURPOSE OF MAKING THE SURVEYS OR MAPS MENTIONED IN THIS SECTION, OR OF
MAKING SUCH OTHER SURVEYS, INSPECTIONS OR EXAMINATIONS OF REAL OR
PERSONAL PROPERTY AS THE MUNICIPAL CORPORATION MAY DEEM NECESSARY OR
CONVENIENT FOR THE PURPOSES OF THIS ARTICLE.
9. IF THE MUNICIPAL CORPORATION DETERMINES, IN ITS SOLE DISCRETION,
THAT THE TOTAL COST OF ACQUISITION WILL EXCEED THE MAXIMUM COST PROVIDED
FOR IN THE RESOLUTION ADOPTED PURSUANT TO SUBDIVISION THREE OF SECTION
THREE HUNDRED SIXTY OF THIS ARTICLE, THE MUNICIPAL CORPORATION MAY ABAN-
DON THE ACQUISITION. IN SUCH EVENT, THE MUNICIPAL CORPORATION SHALL
SERVE NOTICE OF SUCH ABANDONMENT IN THE SAME MANNER AS PROVIDED FOR THE
SERVICE OF A PETITION FOR ACQUISITION PURSUANT TO SUBDIVISION THREE OF
THIS SECTION. IN ADDITION, THE MUNICIPAL CORPORATION SHALL FILE A COPY
OF THE NOTICE OF ABANDONMENT WITH THE COUNTY CLERK OF THE COUNTY IN
WHICH IS LOCATED ANY REAL PROPERTY THAT WAS TAKEN AND WITH THE CLERK OF
THE SUPREME COURT IN WHICH THE PROCEEDING WAS INSTITUTED.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.