§ 402. Filing of acquisition maps; vesting. (A) In all acquisitions
under the court of claims jurisdiction provided in subdivision (A) of
section five hundred one herein, prior to acquiring property, the state
of New York, within the time prescribed by section four hundred one of
this law, shall:

(1) file in the main office of the agency, department, or authority or
public benefit corporation for which the acquisition is being made, the
original tracing of the acquisition map or a microfilm or computer
digitized copy of the original acquisition map of any real property
which it deems necessary for purposes connected with a proposed public
project, indicating and describing in each instance the particular
easement, interest or right, in the real property that is acquired
including metes and bounds or section, block and lot numbers; and

(2) notify condemnees by first class mail that the condemning party is
now taking steps to acquire such property, thereupon, subject to the
provisions of this law, the people of the state of New York, their
officers and agents may immediately enter upon and take possession of
the real property so described for any and all purposes connected with
the proposed public project; and

(3) file a certified copy of such acquisition map in the office of the
county clerk or register of each county in which such property or any
portion thereof is situated, and thereupon, the acquisition of the
property by the state, described in such map shall be deemed complete
and title to such property shall be vested in the state.

(4) if the condemnor deems it necessary to acquire immediately any
property which is in the bed or beds of any streams, lakes, streets,
roads, highways, or rights of way for purposes connected with the
proposed public project, it shall cause to be prepared an accurate
description and map of such property, indicating and describing in each
case the particular easement, interest or right. On the approval of such
description and map by the condemnor, it may proceed to vest title in
such property, easements, interests or rights by acquisition in the
manner hereinafter provided. Such description and the original tracing
of such map or a microfilm or computer digitized copy of the original
tracing shall be filed in the office of the condemnor. On the filing of
such description and map in the office of the condemnor, the people of
the state, their officers and agents, may immediately enter upon and
take possession of the property so described for any and all purposes
connected with the proposed public project. A certified copy of such
description and map shall be filed by the condemnor in the office of the
county clerk or register of each county in which such property is
situated and thereupon the acquisition by the state of the property
described in such description and map shall be deemed complete, and the
title to such property shall vest in the people of the state.

Upon the completion of the filing in the office of the county clerk or
register as aforesaid, the condemnor shall cause a notice of such filing
of the description and map, together with a description of such
property, to be published at least once in a newspaper published and
having general circulation in each county where such property is
situated. Claims for the value of the property acquired and for legal
damages caused by any such acquisition may be adjusted by the condemnor
in the manner provided by law notwithstanding that a claim has been
filed with the court of claims, and in all cases where claims for such
damages have been agreed upon or an award has been made by the court of
claims, the claimant shall submit to the attorney general such proof of
title to the property so acquired as shall be satisfactory to the
attorney general. All other statutory provisions relating to claims on
account of such acquisition shall apply to claims which may arise under
this subdivision with the same force and effect.

(B) In all acquisitions under supreme court jurisdiction provided in
subdivision (B) of section five hundred one herein, the condemnor, prior
to filing an acquisition map within the time prescribed by section four
hundred one, shall obtain an order to acquire such property and for
permission to file such map by presentation of a verified petition to
the supreme court in the judicial district where the real property to be
acquired or any part thereof, is situated, in accordance with the
following procedure:

(1) The condemnor shall cause to be filed in the office of the clerk
of each county where the real property to be acquired or any part
thereof is situated, a notice of the pendency of such proceeding. Such
notice shall briefly state the object of the proceeding and shall
contain a general description by metes and bounds or by section, block
and lot number of the real property to be acquired thereby. It shall
also state the names of such of the reputed condemnees of such real
property as may be known to the condemnor, and in case any of the
condemnees are unknown, a statement to that effect shall be made in such
notice.

(2) The condemnor shall, at least twenty days prior to the return date
of the petition, serve a notice of the time, place and object of the
proceeding upon the owner of record of the property to be acquired, as
the same appears from the record of the office in which the acquisition
map is to be filed. Said notice shall contain a copy of that portion of
the proposed acquisition map affecting the owner's property. Service
shall be made pursuant to the civil practice law and rules or by
registered or certified mail, return receipt requested. If service is
made by mail it shall be sent to the last known address of the owner,
and the following provisions shall also apply:

(a) At least ten but not more than thirty days before the return date
of the application, the condemnor shall also cause a copy of a diagram
or representation of the acquisition map showing the perimeters to be
acquired and a notice generally describing the property to be acquired
by metes and bounds or by section, block and lot numbers, to be
advertised by publishing in at least ten successive issues of an
official newspaper if there is one designated in the locality where the
property is situated, and in at least ten successive issues of a
newspaper of general circulation in such locality. If the official
newspaper is one of general circulation in such locality, publication
therein as specified shall be deemed sufficient compliance. In the event
that the only newspaper available in such locality is a weekly
publication the above described notice shall be published in such
newspaper in at least three successive issues. Where the condemnor has
conducted an article two public hearing or when the condemnor is exempt
from compliance with article two pursuant to section two hundred six the
condemnor may dispense with the requirement of publication in ten
successive issues of a newspaper of general circulation.

(b) Where practicable, the condemnor shall cause copies of such notice
in the form of handbills to be posted for the same period in at least
three conspicuous places, upon or near such real property. The
inadvertent failure to notify any condemnee, whether of record or not,
will not invalidate any proceedings brought hereunder or any title
acquired by the condemnor under this law.

(3) The condemnor shall present to the court a petition verified by an
authorized officer of the condemnor setting forth:

(a) a statement providing either the compliance with the requirements
of article two of this law, including a copy of the condemnor's
determination and findings or a statement providing the basis of
exemption from article two;

(b) a copy of the proposed acquisition map to be filed and the names
and places of residence of the condemnees of the property to be
acquired;

(c) a description of the real property to be acquired and its
location, either by metes and bounds of each individual parcel, or
section, block and lot number, and by reference to the acquisition map
and notice of pendency attached to the petition;

(d) the public use, benefit or purpose for which the property is
required;

(e) a request that the court direct entry of an order authorizing the
filing of the acquisition map in the office of the appropriate county
clerk or register and that upon such filing, title shall vest in the
condemnor;

(f) if a non-governmental condemnor subject to the jurisdiction,
supervision and regulation of the public service commission or the
commissioner of transportation, it shall include in its petition for
acquisition, notice that it shall deposit a bond or undertaking with the
clerk of the court prior to vesting of title to the real property
described in such petition in an amount to be fixed by the court on the
return date of the petition. The court shall direct that the bond or
undertaking will be applied in the amount necessary, for any default by
the condemnor in the payment of all or part of the damages determined in
the acquisition proceeding or the abandonment thereof.

The requirement for a bond or undertaking under this subdivision, may
be waived by stipulation of the parties. If the amount deposited is
insufficient to pay such damages and all costs and expenses awarded to a
condemnee, judgment shall be entered against the condemnor for the
deficiency, to be enforced and collected in the same manner as a
judgment in the supreme court;

* (g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law with respect to which a certificate of
environmental compatibility and public need has been issued under such
law, a statement that such certificate relating to such property has
been issued and is in force, or if the property is to be used for the
construction of a major electric transmission facility, as defined under
article VIII of the public service law, with respect to which a major
electric transmission facility siting permit has been issued under such
law, a statement that such permit relating to such property has been
issued and is in force.

* NB Effective until December 31, 2040

* (g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law, or major steam electric generating facility
as defined in section one hundred forty of such law with respect to
which a certificate of environmental compatibility and public need has
been issued under such law, a statement that such certificate relating
to such property has been issued and is in force.

* NB Effective December 31, 2040

(4) Upon the presentation of the petition and notice with proof of
service thereof, a condemnee may appear and interpose a verified answer,
which must contain specific denial of each material allegation of the
petition controverted by him, or of any knowledge or information
thereof, sufficient to form a belief, or a statement of new matter
constituting a defense to the proceeding.

(5) At the time and place mentioned in such notice, unless the court
shall adjourn the application to a subsequent date, and in that event at
the time and place to which the same may be adjourned, upon due proof of
service of notice and upon filing of such petition and proof to its
satisfaction that the procedural requirements of this law have been met,
the court shall direct the immediate filing and entry of the order
granting the petition, which order the condemnor shall file and enter
together with the acquisition map and the bond or undertaking if
required, in the office of the county clerk or register in each county
in which the real property or any part thereof is situated. Upon the
filing of the order and the acquisition map, the acquisition of the
property in such map shall be complete and title to such property shall
then be vested in the condemnor.

(6) When it appears to the satisfaction of the court at any stage of
the proceedings, that the public interests will be prejudiced by delay,
it may direct that the condemnor be permitted to enter immediately upon
the real property to be taken, and devote it temporarily to the public
use specified in the petition, upon the deposit with the court of a sum
to be fixed by the court upon a notice to the parties of not less than
eight days, and such sum when so fixed and deposited, shall be applied,
so far as it may be necessary for that purpose, to the payment of any
award that may be made with interest thereon from the date of the entry
of the condemnor upon such real property, and the costs and expenses of
the proceeding, and the residue, if any, returned to the condemnor and,
in case the petition should be dismissed, or no award should be made, or
the proceedings should be abandoned by the condemnor, the court shall
direct that the money so deposited, so far as it may be necessary, shall
be applied to the payment of any damages which a condemnee may have
sustained by such entry upon and use of his property, and his costs and
expenses of the proceedings, such damages to be ascertained by the
court, and if the sum so deposited shall be insufficient to pay such
damages, and all costs and expenses awarded to the property owner,
judgment shall be entered against the condemnor for the deficiency, to
be enforced and collected in the same manner as a judgment in supreme
court; and the possession of the property shall be restored.