S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7113
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the abandoned property law,  in  relation  to  requiring
   abandoned  property escheat to the Indian nation or tribe that histor-
   ically occupied the land or to nearest nation or tribe; and to  repeal
   certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200 of the abandoned property  law  is  amended  to
 read as follows:
   § 200.  Escheated lands.  All lands the title of which shall fail from
 a  defect  of  heirs,  shall  revert, or escheat, to the [people] INDIAN
 NATION OR TRIBE WHO HISTORICALLY OCCUPIED THE PROPERTY  OR  IF  NO  SUCH
 TRIBE OR NATION CURRENTLY EXISTS, TO THE NEAREST EXTANT INDIAN NATION OR
 TRIBE.  SUCH LAND SHALL BE TRIBAL LAND UNDER THE LAWS OF THE STATE.
   §  2. Section 201 of the abandoned property law, as amended by chapter
 310 of the laws of 1962, is amended to read as follows:
   § 201. Action for recovery of property.  Whenever the attorney-general
 has good reason to believe that the title to, or right of possession of,
 any real property has vested in [the people  of  the  state]  AN  INDIAN
 NATION  OR  TRIBE  by  escheat whether from defect of heirs, alienage or
 otherwise, [or by conviction or outlawry  for  treason  as  provided  in
 section eight hundred nineteen of the code of criminal procedure,] he OR
 SHE may commence an action to recover the property.
   §  3. Section 202 of the abandoned property law, as amended by chapter
 314 of the laws of 1962, is amended to read as follows:
   § 202.  Parties to action.  There may be made parties to such  action,
 all persons who would have, might have or might claim to have any inter-
 est  in or lien upon the premises so escheated or forfeited, at the time
 of such escheat or forfeiture, and all persons  in  possession  of  such
 real  property.  Where the names of the defendants are unknown, they may
 be designated as "unknown defendants."  The provisions of law applicable
 to actions to recover real property shall apply to such actions,  except
 that  service  of  the summons shall not be deemed to be complete until,
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09937-01-1

 A. 7113                             2
 
 pursuant to an order of the court, the summons together  with  a  notice
 directed  to  the  defendants  setting forth the object of the action, a
 brief description of the land affected, the source and manner in and  by
 which  it  is  alleged  that  said real property shall have escheated or
 forfeited to [the people] AN INDIAN NATION OR TRIBE,  and  the  name  or
 names  of  person  or  persons  whose  title  or  interest shall have so
 escheated or have been forfeited, shall have been published once in each
 week for four successive weeks in two newspapers designated in the order
 for such publication as most likely to give notice to the defendants  to
 be served.
   §  4.  Section  203 of the abandoned property law, as added by chapter
 760 of the laws of 1944, is amended to read as follows:
   § 203. Effect of judgment in favor of [people]  AN  INDIAN  NATION  OR
 TRIBE.    A  final judgment in favor of [the people] AN INDIAN NATION OR
 TRIBE in an action authorized as set forth in section two hundred one OF
 THIS ARTICLE is conclusive as to the title of  [the  people]  AN  INDIAN
 NATION  OR  TRIBE  in  and  to  the  premises described in said judgment
 against any and all parties in said action,  including  unknown  defend-
 ants,  and  against  any and all persons claiming from, through or under
 such a party by title accruing after the filing of the judgment roll  or
 after  the filing in the office of the clerk of the county in which said
 real property or a part thereof is situated, a notice of the pendency of
 the action.
   § 5. Section 204 of the abandoned property law is REPEALED.
   § 6. Section 205 of the abandoned property law, as amended by  chapter
 524 of the laws of 2005, is amended to read as follows:
   §  205.  Report by attorney-general. The attorney-general shall report
 to the commissioner of general services all the real property  recovered
 by [the people] AN INDIAN NATION OR TRIBE in any action brought pursuant
 to this article.
   §  7. Section 206 of the abandoned property law, as amended by chapter
 60 of the laws of 1962, is amended to read as follows:
   § 206. Petition for release of escheated lands.   1.  Where  there  is
 good  reason  to believe that real property shall have escheated to [the
 state] AN INDIAN NATION OR TRIBE and final judgment shall not have  been
 entered  as  hereinbefore  provided,  a  petition for the release to the
 petitioner of any interest in real property believed to  have  escheated
 to  [the  state] SUCH INDIAN NATION OR TRIBE by reason of the failure of
 heirs or the incapacity, for any reason except infancy or mental  incom-
 petency,  of any of the petitioner's alleged predecessors in interest to
 take such property by devise or otherwise, or to convey the same  or  by
 reason  of  the  alienage of any person, who but for such alienage would
 have succeeded to such interest, may be presented to the commissioner of
 general services within [forty] TWO years after such escheat.    IN  ANY
 CASE  IN WHICH THE HEIRS WERE LEGALLY INCAPACITATED BY REASON OF INFANCY
 OR MENTAL INCOMPETENCY, SUCH PETITION MAY BE PRESENTED  TO  THE  COMMIS-
 SIONER  OF GENERAL SERVICES WITHIN TWENTY YEARS AFTER SUCH ESCHEAT. Such
 petition may be presented:
   a. By any person who would have succeeded to such interest but for his
 OR HER alienage or the alienage of another person, or
   b. By the surviving [husband, widow] SPOUSE, stepfather, stepmother or
 adopted child of the person whose interest has so escheated, or
   c. By the purchaser at a judicial sale or sheriff's sale on execution,
 or
   d. By an heir, devisee, assignee, grantee,  immediate  or  remote,  or
 executor  of  any  person,  who  but for his OR HER death, assignment or

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 grant could present such petition, or the alleged grantee of any  person
 or of any association or body, whether incorporated or not, who or which
 would  have succeeded by devise or otherwise to the title of such person
 but  for his OR HER alienage or a legal incapacity to take or convey the
 property so escheated, or
   e. By a person having a contract to purchase made prior to the date of
 escheat with the person whose interest shall have escheated.
   2. Such petition shall be verified by  each  petitioner  in  the  same
 manner  as  a  pleading  in a court of record may be verified, and shall
 allege:
   a. The name and residence of each person owning any interest  in  such
 real property immediately prior to the escheat;
   b.  The  name  and  residence of each petitioner and the circumstances
 which entitle him OR HER to present such petition;
   c. The name and place of residence of  every  person  who  would  have
 succeeded to any such interest but for his OR HER alienage or the alien-
 age  of  another  or  any  other  rule  of  legal incapacity hereinabove
 mentioned affecting an attempted  transfer  of  such  interest  to  such
 person or to or by any of his OR HER alleged predecessors in interest;
   d.  The  description and value, at the date of the verification of the
 petition, of such real property sought to be released;
   e. The description and value, at the date of the verification  of  the
 petition,  of  all  the  property  of every such owner, which shall have
 escheated to [the people of the state] AN  INDIAN  NATION  OR  TRIBE  by
 reason  of  failure  of  heirs or alienage and which shall not then have
 been released or conveyed by the state;
   f. The name and residence of each person having or claiming an  inter-
 est  in  such real property at the date of the verification of the peti-
 tion and the nature and value of such interest;
   g. Any special facts or circumstances by reason of which it is claimed
 that such interest should be released to the petitioner;
   h. The name and residence of each person in possession  or  occupation
 of the premises and the nature, if any, of the interest of such person;
   i.  The  name and residence of each person having filed a protest with
 the commissioner of general services under the provisions of section two
 hundred ten OF THIS ARTICLE.
   Such petition may be filed within sixty days  after  its  verification
 with the office of general services.
   §  8. Section 207 of the abandoned property law, as amended by chapter
 60 of the laws of 1962, is amended to read as follows:
   § 207. Proceedings on receipt of petition. Prior to  the  presentation
 of  such  petition,  the  petitioner shall cause to be personally served
 upon each person who would have succeeded to any interest in  said  land
 but  for the alienage of such person or another or for any other rule of
 legal incapacity hereinbefore mentioned affecting an attempted  transfer
 of  such interest of such person, and each person in possession or occu-
 pation or who has filed a protest under section two hundred ten OF  THIS
 ARTICLE,  whose  names and places of residence are known and cause to be
 published in a newspaper published in each county in which any  part  of
 said  land  is situated, once in each week for three successive weeks as
 to those whose names and places of residence are unknown, a  notice,  in
 form  adopted or approved by the commissioner, directed to such persons.
 Such notice shall state the date on which such petition shall  be  filed
 with  the  office  of general services, the nature of the application, a
 description of the property affected and  the  name  of  the  person  or
 persons  whose interest or interests shall have escheated to [the people

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 of the state of New York] AN INDIAN NATION OR TRIBE. Such  notice  shall
 also  provide that any person or persons having a claim or right to said
 property equal to or superior to the right of the petitioner may file  a
 remonstrance  with  the  said commissioner on or before the date of said
 filing against the granting of such petition and for the granting  of  a
 release  to  such person or persons. Proof of service and of publication
 as aforementioned shall be filed with the petition. The commissioner may
 take proof of the facts alleged in said petition,  by  written  or  oral
 evidence, whether or not a sale or release of said property was thereto-
 fore  made,  the  value  of  the property to be released, and such other
 facts as in his OR HER judgment are necessary to determine  the  matter.
 If  a  remonstrance shall have been presented, the commissioner may take
 proof of the issues raised thereby and the  relief  therein  asked.  The
 commissioner  may,  as  a  condition  of hearing the matter, require the
 petitioner or any  remonstrant  to  produce  witnesses  or  advance  the
 expense of producing them.
   §  9. Section 208 of the abandoned property law, as amended by chapter
 60 of the laws of 1962, is amended to read as follows:
   § 208. Release. 1. The commissioner shall make  his  OR  HER  determi-
 nation and enter an order accordingly. The commissioner may agreeably to
 the  best  interest of the [state] THE INDIAN NATION OR TRIBE and in his
 OR HER discretion, if he OR SHE deems it just to all persons interested,
 execute in the name of the [state] INDIAN NATION OR TRIBE, a release  on
 such  terms  and conditions as the commissioner deems just, releasing to
 such person or persons as he OR SHE shall have determined entitled ther-
 eto the interest of the [state] INDIAN NATION  OR  TRIBE  in  such  real
 property so sought to be released.
   2.  A  conveyance  so  made to any such person who is a parent, child,
 surviving [husband or widow] SPOUSE of any such owner  of  any  interest
 therein  immediately  prior  to  the escheat, or the heirs-at-law of any
 such surviving [husband or widow] SPOUSE, or the alleged grantee or  any
 person  or  of any association or body, whether incorporated or not, who
 or which would have succeeded by devise or otherwise  to  the  title  of
 such person but for a legal incapacity to take or convey the property so
 escheated  shall  be without consideration, if the value, at the date of
 the petition, as determined by the commissioner, of all property of  any
 such  owner  escheated  to [the state] AN INDIAN NATION OR TRIBE and not
 conveyed or released by the state, shall not exceed one hundred thousand
 dollars, and of the property sought to be released shall not exceed  ten
 thousand dollars, except that any and all expenses incurred by the state
 OR  RELEVANT INDIAN NATION OR TRIBE in an action to recover the property
 escheated or in any action pertaining thereto, or otherwise relating  to
 the  escheated property shall be paid by such person. Where however, the
 value of the property sought to be released shall exceed the sum of  ten
 thousand  dollars  the  commissioner may release the same to such person
 upon the payment of the  appraised  value  in  excess  of  ten  thousand
 dollars  and  in  addition thereto the expenses incurred by the state OR
 RELEVANT INDIAN NATION OR TRIBE in an action to recover the property  as
 aforementioned.
   3.  The  release  shall  contain a brief recital of the determinations
 required to be made by the commissioner on the hearing of the  petition,
 remonstrance  or  remonstrances,  and of all the terms and conditions on
 which the release is made.
   § 10. Section 210 of the abandoned property law, as amended by chapter
 60 of the laws of 1962, is amended to read as follows:

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   § 210. Protest against release. Any person may file, at any time, with
 the commissioner, a protest, stating his  OR  HER  name,  residence  and
 post-office address, against the release by the state of any interest of
 [the people of the state] AN INDIAN NATION OR TRIBE acquired by escheat,
 in any real property described in such protest.
   § 11. Section 211 of the abandoned property law, as amended by chapter
 60 of the laws of 1962, is amended to read as follows:
   §  211.  Lands  held  under  written  contract.  Where lands have been
 escheated to [the state] AN INDIAN NATION OR TRIBE and the  person  last
 seized  was a citizen or capable of taking and holding real property the
 commissioner shall fulfill any contract made by such person  or  by  any
 person  from whom his OR HER title is derived, in respect to the sale of
 such lands, so far only as to convey the right and title of  the  state,
 pursuant  to  such contract, without any covenants of warranty or other-
 wise, and shall allow all payment which  may  have  been  made  on  such
 contracts.  If any part of such escheated land has been occupied under a
 verbal  agreement  for the purchase thereof, and the occupants have made
 valuable improvements thereon, such agreement  shall  be  as  valid  and
 effectual as if it were in writing.
   § 12. Section 212 of the abandoned property law, as amended by chapter
 760 of the laws of 1944, is amended to read as follows:
   §  212.  Escheated  lands  subject  to  trusts and incumbrances. Lands
 escheated to [the state]  AN  INDIAN  NATION  OR  TRIBE  shall  be  held
 subject  to  the  same  trusts and incumbrances to which they would have
 been subject if they had descended, except that where the owner or bene-
 ficiaries of such trusts or the holders of such incumbrances  have  been
 made  parties to an action brought under section two hundred one OF THIS
 ARTICLE, such land shall be subject only to trusts and  incumbrances  of
 record in the county in which the land is located prior to the filing of
 notice of pendency of action authorized under section two hundred one OF
 THIS ARTICLE.
   §  13. Section 213 of the abandoned property law is amended to read as
 follows:
   § 213. Condemnation awards as interest in real property.  An  interest
 in  real  property  escheated  to  [the state] AN INDIAN NATION OR TRIBE
 shall for the purposes of this article, be deemed to include any and all
 awards heretofore or hereafter made in condemnation proceedings  against
 such  escheated lands and all the provisions of this article shall apply
 to the release and assignment of such awards with  the  same  force  and
 effect as to the release and conveyance of an interest in real property.
   §  14.  Section 214 of the abandoned property law, as added by chapter
 760 of the laws of 1944, is amended to read as follows:
   § 214. Receiver. At any time during the pendency of said action pursu-
 ant to section two hundred one OF  THIS  ARTICLE,  the  court  may  upon
 application therefor appoint a receiver to conserve said property and to
 receive  the  rents, income and profits therefrom during the pendency of
 the action. The rents, income and profits so received, after the payment
 of the expenses of such receivership, shall be paid over to  such  party
 or  parties  as shall be determined in the final judgment to be entitled
 to possession of said property and in the event that [the people are] AN
 INDIAN NATION OR TRIBE adjudged entitled thereto, shall be  directed  to
 be paid into the [state] treasury OF THE INDIAN NATION OR TRIBE.
   § 15. Section 215 of the abandoned property law is REPEALED.
   § 16. This act shall take effect immediately.