§ 16-0107. Acquirement of property for flood control.

1. The commissioner of environmental conservation, for the people of
the state of New York, shall acquire any property or interest therein,
necessary for purposes connected with the flood control projects. Such
property or interest therein shall be for rights-of-way, channel
improvements, reservoirs, dams, quarries, gravel pits, borrow pits,
spoil banks, camp sites, relocation of buildings and facilities,
relocation of the facilities of public service utilities, relocation of
streets, sidewalks, public grounds, parks, cemeteries, water supply
systems, sewer systems and lighting systems of municipal corporations;
relocation of county roads and town highways; and for other purposes
connected with the flood control projects. The term "property" as used
in this section shall be deemed to mean and include "real property" as
such term is defined in section one hundred three of the eminent domain
procedure law. The manner of acquisition, including method of obtaining
possession, shall be governed by the provisions of the eminent domain
procedure law.

2. The commissioner of environmental conservation shall cause to be
prepared an accurate acquisition map of any property which he may deem
necessary for purposes connected with the flood control projects or of
any property in and to which he may deem the acquisition or exercise of
an easement, interest or right to be necessary for such purposes,
indicating and describing in each case the particular easement, interest
or right. On the approval of such map by the commissioner he shall
acquire such property, easements, interests or rights pursuant to the
provisions of the eminent domain procedure law.

3. If the commissioner shall determine, prior to the filing of such
copy of the acquisition map in the office of the county clerk, that
changes, alterations or modifications of such map should be made, he or
she shall, subject to the provisions of article two of the eminent
domain procedure law, if applicable, direct the preparation of an
amended map, either by preparing a new map or by making changes on the
original tracing of such map, with a notation indicating such changes.
On the approval of such amended map by the commissioner, it shall be
filed in the main office of the department in the same manner as the
original map was filed and the amended map shall thereupon in all
respects and for all purposes supersede the map previously filed.

4. If the commissioner shall determine, prior to the filing of such
copy of the map in the office of the county clerk as provided in section
four hundred two of the eminent domain procedure law, that such map
should be withdrawn, he or she shall file a certificate of withdrawal in
the offices of the department and department of law. Upon the filing of
such certificate of withdrawal, the map to which it refers shall be
cancelled and all rights thereunder shall cease and determine.

5. The commissioner shall deliver to the attorney general a copy of
such acquisition map, whereupon it shall be the duty of the attorney
general to advise and certify to the commissioner the names of the
owners of the property, easements, interests or rights described in the
said acquisition map, including the owners of any right, title or
interest therein, pursuant to the requirements of section four hundred
three of the eminent domain procedure law.

6. If, at or after the vesting of title to such property in the
people of the state of New York in the manner provided for in this
section, the commissioner shall deem it necessary to cause the removal
of an owner or other occupant from such property, he may cause such
owner or other occupant to be removed therefrom by proceeding in
accordance with section four hundred five of the eminent domain
procedure law. The proceedings shall be brought in the name of the
commissioner as agent of the state. If any person proceeded against
shall contest the petition by an answer, the attorney general shall be
notified, and he thereafter shall represent the petitioner in the
proceedings. No execution shall issue for costs, if any, awarded
against the state or the commissioner but they shall be part of the
costs of the acquisition and be paid in like manner. Proceedings may be
brought separately against one or more of the owners or other occupants
of a property, or one proceeding may be brought against all or several
of the owners or other occupants of any or all property within the
territorial jurisdiction of the same justice or judge; and judgment
shall be granted for immediate removal of persons defaulting in
appearance or in answering, or withdrawing their answers, if any,
without awaiting the trial or decision of issues raised by contestants,
if any.

7. Upon making any agreement provided for in section three hundred
four of the eminent domain procedure law, the commissioner of
environmental conservation shall deliver to the comptroller such
agreement and a certificate stating the amount due such owner or owners
thereunder on account of such appropriation of his or their property and
the amount so fixed shall be paid out of the state treasury from moneys
appropriated for purposes connected with the flood control projects, but
not until there shall have been filed with the comptroller a certificate
of the attorney general showing the person or persons claiming the
amount so agreed upon to be legally entitled thereto.

8. Application for reimbursement as provided in section seven hundred
two of the eminent domain procedure law, shall be made to the
commissioner upon forms prescribed by him and shall be accompanied by
such information and evidence as the commissioner may require. Upon
approval of such application, the commissioner shall deliver a copy
thereof to the comptroller together with a certificate stating the
amount due thereof, and the amount so fixed shall be paid out of the
state treasury after audit by the comptroller from monies appropriated
for the acquisition of property under this section.

9. a. The commissioner with the approval of the director of the
budget, shall establish and may from time to time amend rules and
regulations authorizing the payment of the following expenses and losses
incurred by the displaced owners or occupants of a property acquired
pursuant to this section as a result of such acquisition:

(1) actual reasonable and necessary moving expenses; and

(2) actual direct losses of tangible personal property as a result of
moving or discontinuing a business or farm operation on such property,
but not exceeding an amount equal to the reasonable expenses that would
have been required to relocate such property, as determined by the
commissioner; and

(3) actual reasonable and necessary expenses in searching for a
replacement to the business or farm operation on such property; and

(4) actual and reasonable expenses necessary to reestablish a
displaced farm operation, non-profit organization, or small business
from such property at its new site but not to exceed the maximum amount
provided for in the regulations.

b. Such regulations may provide in hardship cases for the advance
payment of any such expenses and losses. For the purposes of making
payment of such expenses and losses only, such regulations shall provide
that the term "business" includes any lawful activity conducted
primarily for assisting in the purchase, sale, resale, manufacture,
processing or marketing of products, commodities, personal property or
services by the erection and maintenance of an outdoor advertising
display or displays, whether or not such display or displays are located
on the premises on which any of the above activities are conducted. Such
rules and regulations may further define the terms used in this
subdivision. Such regulations may also provide for payments to
utilities for the relocation of their facilities under such
circumstances and in such amounts as the commissioner may determine.

c. Any person eligible for the payments authorized by paragraph a of
this subdivision, who is displaced from their residential property may,
in lieu of such payments, elect to accept an expense and dislocation
allowance, determined in accordance with a schedule prepared by the
commissioner and made a part of such rules and regulations.

d. Any person eligible for the payments authorized by paragraph a of
this subdivision, who is displaced from their business or farm operation
and who is eligible under criteria established by the department may, in
lieu of such payments, elect to accept a fixed relocation payment,
except that such payment shall be not less than the minimum nor more
than the maximum amount provided for in the regulations. However, a
person whose sole business at the property so acquired is the rental of
such property to others shall not qualify for payment under this
paragraph.

e. Application for payment under this subdivision shall be made to the
commissioner upon forms prescribed by the commissioner and shall be
accompanied by such information and evidence as the commissioner may
require. Upon approval of such application, the commissioner shall
deliver a copy thereof to the comptroller together with a certificate
stating the amount due thereunder, and the amount so fixed shall be paid
out of the state treasury after audit by the comptroller from moneys
appropriated for the acquisition of property under this section. No
payment shall be made under this subdivision for any cost, expense,
difference or other amount for which payment was previously made.

f. The regulations necessary to implement this subdivision shall be
consistent with the applicable provisions of section thirty of the
highway law, as the same may from time to time be amended, and
regulations issued thereunder.

10. The commissioner pursuant to section three hundred five of the
eminent domain procedure law, may make agreements on such terms,
conditions and consideration as he deems beneficial to the state with
respect to any property heretofore or hereafter acquired, whereby such
property may be used and occupied by the former owner, tenant or by any
other party from a date specified in said agreement, until such time as
the state requires and obtains actual physical possession. The
agreements for the use and occupancy of such property may be managed,
supervised and enforced (1) by the staff, forces and equipment of the
department of environmental conservation; or (2) by the commissioner of
environmental conservation contracting for the management, supervision
and enforcement thereof with any person, firm or corporation; or (3) by
a combination of such methods.

The use and occupancy of such property under the provisions of this
section and the right of the state or its duly authorized agent to
recover possession thereof shall not be subject to the emergency housing
rent control law.

Expenses which are determined by the commissioner to have been
incurred in connection with the use and occupancy of such property may
be paid out of the state treasury after audit by the comptroller from
moneys appropriated for the duly authorized project for which the
property was acquired. However, such expenses incurred under a contract
for management and supervision of such property may be paid out of the
gross revenue therefrom. All moneys received by the commissioner for
such use or occupancy shall be paid into the treasury of the state to
the credit of the capital construction fund.

11. a. Authorization is hereby given to the commissioner to make
supplemental relocation payments, separately computed and stated, to
displaced owners and tenants of residential property acquired pursuant
to this section who are entitled thereto, as determined by the
commissioner. The commissioner with the approval of the director of the
budget, may establish and from time to time amend rules and regulations
providing for such supplemental relocation payments. Such rules and
regulations may further define the terms used in this subdivision.

b. In the case of residential property acquired pursuant to this
section, which is improved by a dwelling actually owned and occupied by
the displaced owner for not less than one hundred eighty days
immediately prior to initiation of negotiations for the acquisition of
such property, such supplemental relocation payment to such owner shall
not exceed the maximum amount provided for in the regulations. Such
payment shall include the following elements:

(1) the amount, if any, which, when added to the acquisition payment
equals the average price, established by the commissioner, required to
obtain a comparable replacement dwelling for such displaced owner, but
in no event shall such payment exceed the difference between acquisition
payment and the actual purchase price of the replacement dwelling; and

(2) the amount which will compensate such displaced owner for any
increased interest costs required to pay for financing the acquisition
of the comparable replacement dwelling. Such amount shall be paid only
if the dwelling on the property acquired pursuant to this section was
encumbered by a bona fide mortgage which was a valid lien on such
dwelling for not less than one hundred eighty days prior to the
initiation of negotiations for the acquisition of such property. Any
such compensating interest payment made pursuant to this provision
shall, notwithstanding the provisions of section twenty-six-b of the
general construction law, be in lieu of and in full satisfaction of the
requirements of such section; and

(3) an amount which will compensate such displaced owner for
reasonable expenses incurred for evidence of title, recording fees and
other closing costs incident to the purchase of the comparable
replacement dwelling, but not including prepaid expenses.

c. Any supplemental relocation payment made pursuant to paragraph b of
this subdivision shall be made only to a displaced owner who purchases
and occupies a comparable replacement dwelling within one year
subsequent to the date on which such owner is required to move from the
dwelling on the property acquired pursuant to this section or the date
on which such owner receives from the state final payment for such
acquired dwelling, whichever occurs later. The commissioner may extend
such period for good cause; provided however, that any payment shall be
based on the costs of relocating the displaced person to a comparable
replacement dwelling within one year of such extended date. The
regulations may provide that advance payment of such payments may be
made in hardship cases.

d. In the case of residential property acquired pursuant to this
section from which an owner or tenant, not otherwise eligible to receive
a supplemental relocation payment pursuant to the provisions of
paragraph b of this subdivision, is displaced from any dwelling thereon
which has been actually and lawfully occupied by such owner or tenant
for not less than ninety days immediately prior to (1) the initiation of
negotiations for the acquisition of such property or (2) such other
event as regulations may prescribe when the displacement is not a direct
result of such acquisition, such supplemental relocation payment to such
owner or tenant shall not exceed the maximum amount provided for in the
regulations. Such payment shall be the amount which is necessary to
enable such owner or tenant to lease or rent for a period not to exceed
the maximum time specified in the regulations, a comparable replacement
dwelling but such amount shall not exceed the maximum amount specified
in the regulations. Such payments may be made in periodic installments
as determined by the commissioner. Any person eligible for a
supplemental relocation payment under this paragraph may elect to use
such payment for the down payment, including reasonable incidental
expenses incurred by such person on the purchase of, a comparable
replacement dwelling, except such payment shall not exceed the maximum
amount provided for in the regulations.

e. Application for payment under this subdivision shall be made to the
commissioner upon forms prescribed by the commissioner and shall be
accompanied by such information and evidence as the commissioner may
require. Upon approval of such application, the commissioner shall
deliver a copy thereof to the comptroller, together with a certificate
stating the amount due thereunder, and the amount so fixed shall be paid
out of the state treasury after audit by the comptroller from moneys
appropriated for the acquisition of property under this section. No
payment shall be made under this subdivision for any cost, expense,
difference or other amount for which payment was previously made.

f. The regulations necessary to implement this subdivision shall be
consistent with the applicable requirements of section thirty of the
highway law, as the same may from time to time be amended, and
regulations issued thereunder.

12. Any owner may present to the court of claims, pursuant to section
five hundred three of the eminent domain procedure law, a claim for the
value of such property appropriated and for legal damages, as provided
by law for the filing of claims with the court of claims. Awards and
judgments of the court of claims shall be paid in the same manner as
awards and judgments of that court for the acquisition of lands
generally and shall be paid out of the state treasury from moneys
appropriated for purposes connected with the flood control projects.

13. Permits for use of flood control lands. No person shall construct
any improvement, excavate, deposit material or operate a motorcycle,
motor-driven cycle, snowmobile or motor vehicle except lawn maintenance
equipment upon lands acquired or burdened by a flood control easement
pursuant hereto without a permit. Permits will be issued by the
commissioner where the proposed activity will not interfere with or
endanger the flood control works, or impede the maintenance or operation
of such works. The commissioner may adopt such rules and regulations as
he may deem necessary to protect flood control works from damage which
may interfere with their proper and safe operation, or impede their
maintenance. Failure to comply with the provisions of this section or
with rules and regulations promulgated pursuant hereto shall be a
violation.

14. The commissioner notwithstanding any other provisions of this act
or any other law, may acquire by grant or purchase any property which he
deems necessary, in order to carry out the projects herein authorized.

Payment therefor, if any, shall be made in the manner prescribed in
this section for the payment of adjusted claims, provided, however, that
no interest in real property shall be so acquired unless the title
thereto shall be approved by the attorney general.

15. The expense of such acquisitions including the cost of making
surveys, and preparing maps of property to be acquired, serving notices,
making appraisals and agreements and of searches ordered and
examinations and readings of title made by the attorney general, and
expenses incurred by the commissioner or attorney general in proceedings
for removal of owners and occupants, shall be deemed part of the cost of
such flood control projects.

16. Notwithstanding the provisions of any general, special or local
law, the commissioner, his officers or agents, and the officers, agents
or contractor of the United States when engaged on flood control
projects, may enter upon property for the purposes of making surveys,
test pits, test borings, or other investigations and also for the
purposes of temporary occupancy during construction. Any claim for
damage caused by such work or on account of such temporary occupancy,
not exceeding five thousand dollars, may be adjusted by agreement by the
commissioner without acquiring such property. Upon making any such
adjustment and agreement the commissioner shall deliver to the
comptroller such agreement and a certificate stating the amount due such
owner for damage caused by such work, or on account of such temporary
occupancy, and the amount so fixed shall be paid out of the state
treasury from moneys appropriated for purposes connected with the flood
control projects.

17. The commissioner (a) May determine whether any property taken for
any of the purposes connected with flood control projects pursuant to
this section may be leased, sold or exchanged on terms beneficial to the
state, and in all cases of such determination subject to compliance with
section four hundred six of the eminent domain procedure law, he may,
lease, sell or exchange such property; in order to carry any such lease,
sale or exchange into effect, the commissioner is hereby authorized to
execute and deliver, in the name of the people of the state, a quit
claim or lease of such property.

(b) May also convey to the United States for flood control purposes
all right, title and interest of the state in and to any property
heretofore or hereafter so taken for any of such purposes for which
reimbursement by the United States is made in accordance with section
two of the federal flood control act of nineteen hundred thirty-eight
being public law, numbered seven hundred and sixty-one, seventy-fifth
congress, and including improvements made thereon for such purposes.
Such conveyance shall be by deed or instrument of quit claim, executed
by the commissioner in the name of the people of the state, delivered to
the federal authority having jurisdiction. This paragraph shall not
prevent reservations, if any, in such a conveyance, agreed to by such
commissioner and federal authority, to protect leases or easement, if
any, theretofore lawfully made or created by such commissioner.
Whenever the United States, acting by and through said federal authority
having jurisdiction, shall cause to be filed in the office of the
secretary of state of this state, a duplicate original of the deed or
instrument of conveyance to the United States of any such property for
the purposes herein specified, such jurisdiction as may be required for
flood control purposes is thereupon ceded to the United States over the
property described in said deed or instrument of conveyance, during the
time that the United States shall be or remain the owner thereof and
shall use such property for flood control purposes.

(c) Is hereby authorized to agree with the United States as to the
value of the property appropriated and for legal damages caused by any
such appropriation thereof, as and for reimbursement by the United
States, and the commissioner is authorized to convey such property to
the United States, in the manner herein provided, specifying in such
conveyance that the consideration stated therein is the agreed value of
such property and legal damages, and is in full reimbursement thereof by
the United States.

18. The attorney general is hereby authorized and empowered to
certify to the United States of America or a department, agency or
authority thereof having jurisdiction therein, the right, title or
interest vested in the people of the state of New York in and to
property acquired for the purpose of this act for which reimbursement is
to be made by the United States of America to the people of the state of
New York.

19. If the commissioner shall determine subsequent to the acquisition
of a temporary easement right in property and subsequent to the filing
of a description and map of such property in the office of the county
clerk, as aforesaid, that the purposes for which such easement right was
acquired have been accomplished and that the use and occupancy of said
property for flood control purposes are no longer necessary, and that,
therefore, the term of such easement should be further limited, or if
the appropriation of such easement was for an indefinite period, that
such period should be fixed and determined, or that the period of such
easement has by its terms expired, the commissioner shall make a
certificate that the use and occupancy of such property for flood
control purposes are no longer necessary, that the property in which
such easement right was acquired is surrendered back to the affected
owner of said property and that such easement right is thereupon
terminated, released and extinguished. The commissioner shall cause a
copy of such certificate to be filed in the main office of the
department. Upon the filing of such certificate in the office of the
department all rights acquired by the state in such property shall cease
and determine. The commissioner shall cause a copy of such certificate
together with notice of the filing thereof in the main office of the
department to be mailed to the owner of the property affected, as
certified by the attorney general, if the place of residence of such
owner is known or can be ascertained by a reasonable effort. A further
copy of such certificate and notice of filing shall be filed in the
office of the recording officer of each county wherein the property
affected is situated. On the filing of such certificate and notice with
such officer it shall be the duty of such officer to record same in the
books used for recording deeds in the office of such officer.