§ 29. Property for highways, bridges and other highway uses and
purposes to be acquired by acquisition. 1. Notwithstanding any
inconsistent provisions of this chapter, or any other laws, general or
special, the commissioner of transportation shall, whenever the federal
government shall agree to grant or contribute to the state not less than
twenty-five per centum of the cost thereof, acquire pursuant to the
provisions of the eminent domain procedure law any and all property
necessary for the construction and reconstruction of highway projects
located on the "strategic network of highways," as defined in the
federal defense highway act of nineteen hundred forty-one and as revised
to May fifteenth, nineteen hundred forty-one and approved by the
secretary of war, or on such network as hereafter revised and approved,
and also any and all property necessary for any other highway project,
exclusive of parkways, when certified by the army or navy as important
for the purposes of national defense, and a like grant or contribution
is to be made by the federal government. A highway indicated under this
section for construction or improvement, or any portion of such highway,
may be constructed or improved, or reconstructed, as a controlled access
highway, upon the adoption of a resolution by a majority vote of the
board of supervisors of the county in which the highway is to be
constructed. The resolution of the board of supervisors herein referred
to shall not be required in relation to highways to be projected as
through trunk routes and principally on new location. The costs of all
such property as may be acquired under this section shall be paid in the
first instance from any funds available for the construction,
reconstruction and improvement of state highways and bridges.

2. The commissioner of transportation shall cause to be prepared an
accurate acquisition map of any property which he may deem necessary for
purposes connected with such highway 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 acquisition map by the commissioner of
transportation, he shall acquire such property, easements, interests or
rights pursuant to the eminent domain procedure law.

3. If the commissioner shall determine, prior to the filing of a copy
of a map of acquisition, as provided in section four hundred two of the
eminent domain procedure law, in the office of the county clerk as
aforesaid, that changes, alterations or modifications of such map as
filed in the main office of the department 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 acquisition 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. 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 the eminent
domain procedure law, the commissioner of transportation 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
such law. The proceeding shall be brought in the name of the
commissioner of transportation 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 of transportation,
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; judgment shall effect or be made 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.

6. The commissioner of transportation upon making any agreement
provided for in section three hundred four of the eminent domain
procedure law 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, after audit by the
comptroller, from moneys appropriated for purposes connected with such
highway 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.

7. Application for reimbursement of incidental expenses 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.

8. The commissioner of transportation, 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 actual reasonable and
necessary moving expenses of occupants of property acquired pursuant to
this section; of actual direct losses of tangible personal property as a
result of moving or discontinuing a business or farm operation, 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 actual reasonable expenses in searching for a
replacement business or farm; or in hardship cases for the advance
payment of such expenses and losses. For the purposes of making payment
of such expenses and losses only, the term "business" means 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. In lieu of such actual reasonable and necessary moving
expenses, any such displaced owner or tenant of residential property may
elect to accept a moving expense allowance, plus a dislocation
allowance, determined in accordance with a schedule prepared by the
commissioner and made a part of such rules and regulations. In lieu of
such actual reasonable and necessary moving expenses, any such displaced
owner or tenant of commercial property who relocates or discontinues his
business or farm operation may elect to accept a fixed relocation
payment in an amount equal to the average annual net earnings of the
business or farm operation, except that such payment shall be not less
than two thousand five hundred dollars nor more than ten thousand
dollars. In the case of a business, no such fixed relocation payment
shall be made unless the commissioner finds and determines that the
business cannot be relocated without a substantial loss of its existing
patronage, and that the business is not part of a commercial enterprise
having at least one other establishment, which is not being acquired by
the state or the United States, which is engaged in the same or similar
business. In the case of a business which is to be discontinued but for
which the findings and determinations set forth above cannot be made,
the commissioner may prepare an estimate of what the actual reasonable
and necessary moving expenses, exclusive of any storage charges, would
be if the business were to be relocated, and enter into an agreed
settlement with the owner of such business for an amount not to exceed
such estimate in lieu of such actual reasonable and necessary moving
expenses. Application for payment under this subdivision 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 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. As used
in this subdivision the term "commercial property" shall include
property owned by an individual, family, partnership, corporation,
association or a nonprofit organization and includes a farm operation.
As used in this subdivision the term "business" means any lawful
activity, except a farm operation, conducted primarily for the purchase,
sale, lease and rental of personal and real property, and for the
manufacture, processing, or marketing of products, commodities, or any
other personal property; for the sale of services to the public; or by a
nonprofit organization.

9. The commissioner of transportation 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 transportation; or (2) by the
commissioner of transportation 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 of transportation 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
of transportation for such use or occupancy shall be paid into the
treasury of the state to the credit of the capital construction fund.

10. Authorization is hereby given to the commissioner of
transportation 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 him. 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. In the case of 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 payment to such owner shall not exceed fifteen thousand
dollars. Such payment shall be the amount, if any, which, when added to
the acquisition payment equals the average price, established by the
commissioner on a class, group or individual basis, required to obtain a
comparable replacement dwelling that is decent, safe and sanitary to
accommodate the displaced owner, reasonably accessible to public
services and places of employment and available on the private market,
but in no event shall such payment exceed the difference between
acquisition payment and the actual purchase price of the replacement
dwelling. Such payment shall include an amount which will compensate
such displaced owner for any increased interest costs which such person
is required to pay for financing the acquisition of any such comparable
replacement dwelling. Such amount shall be paid only if the dwelling
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 dwelling. Such amount shall be equal to the excess in the
aggregate interest and other debt service costs of that amount of the
principal of the mortgage on the replacement dwelling which is equal to
the unpaid balance of the mortgage on the acquired dwelling, over the
remainder term of the mortgage on the acquired dwelling, reduced to
discounted present value. The discount rate shall be the prevailing
interest rate paid on savings deposits by commercial banks in the
general area in which the replacement dwelling is located. Any such
mortgage interest differential payment 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.
Such payment shall include reasonable expenses incurred by such
displaced owner for evidence of title, recording fees and other closing
costs incident to the purchase of the replacement dwelling, but not
including prepaid expenses. Such payment shall be made only to a
displaced owner who purchases and occupies a replacement dwelling which
is decent, safe and sanitary within one year subsequent to the date on
which he is required to move from the dwelling acquired pursuant to this
section or the date on which he receives from the state final payment of
all costs of the acquired dwelling, whichever occurs later, except
advance payment of such amount may be made in hardship cases. In the
case of property acquired pursuant to this section from which an
individual or family, not otherwise eligible to receive a payment
pursuant to the above provisions of this subdivision, is displaced from
any dwelling thereon which has been actually and lawfully occupied by
such individual or family for not less than ninety days immediately
prior to the initiation of negotiations for the acquisition of such
property, such payment to such individual or family shall not exceed
four thousand dollars. Such payment shall be the amount which is
necessary to enable such individual or family to lease or rent for a
period not to exceed four years, a decent, safe, and sanitary dwelling
of standards adequate to accommodate such individual or family in areas
not generally less desirable in regard to public utilities and public
and commercial facilities and reasonably accessible to his place of
employment, but shall not exceed four thousand dollars, or to make the
down payment, including reasonable expenses incurred by such individual
or family for evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not including
prepaid expenses, on the purchase of a decent, safe and sanitary
dwelling of standards adequate to accommodate such individual or family
in areas not generally less desirable in regard to public utilities and
public and commercial facilities, but shall not exceed four thousand
dollars, except if such amount exceeds two thousand dollars, such person
must equally match any such amount in excess of two thousand dollars, in
making the down payment. Such payments may be made in installments as
determined by the commissioner. Application for payment under this
subdivision 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 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.

11. 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 property acquired 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 such highway projects.

12. If the work of construction or reconstruction of any highway
project shall cause actual damage to property not acquired as above
provided, the state shall be liable therefor, but this provision shall
not be deemed to create any liability on the part of the state not
already existing in law. Claims for such damage may be adjusted by the
commissioner of transportation, if the amounts thereof can be agreed
upon with the persons making such claims, and any amount so agreed upon
shall be paid as a part of the cost of the construction or
reconstruction of such highway project as prescribed by this section. If
the amount of any such claim is not agreed upon, such claim may pursuant
to the eminent domain procedure law, be presented to the court of claims
which is hereby authorized to hear such claim and determine if the
amount of such claim or any part thereof is a legal claim against the
state and if it so determines, to make an award and enter judgment
thereon against the state, provided, however, that such claim is filed
with the court of claims within three years after the final acceptance
of the work by the commissioner of transportation.

13. Notwithstanding any other provision of this section, the
commissioner of transportation shall have the power to acquire by grant
or purchase, in the name of the people of the state of New York, any
property which he deems necessary for any of the purposes provided for
in this section, and payment therefor, if any, shall be made in the
manner prescribed in this section for the payment of adjusted
acquisition claims, provided, however, that no real property shall be so
acquired unless the title thereto shall be approved by the attorney
general.

14. The expense of such acquisitions including administrative duties
in connection therewith, the cost of making surveys, and preparing
descriptions and maps of property to be acquired, serving notice of
appropriation, publication, 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 highway projects.

15. Notwithstanding the provisions of any general, special or local
law, the commissioner of transportation, his officers, agents or
contractor and the officers or agents of the United States when engaged
on such highway projects, may, pursuant to section four hundred four of
the eminent domain procedure law, enter upon property for the purpose of
making surveys, test pits, test borings, or other investigations and
also for temporary occupancy during construction. Claims for any damage
caused by such entry, work or occupation not exceeding two thousand five
hundred dollars may be adjusted by agreement by the commissioner of
transportation with the owner of the property affected as determined by
him by reasonable investigation without appropriating such property.
Upon making any such adjustment and agreement, the commissioner of
transportation shall deliver to the comptroller such agreement and a
certificate stating the amount due such owner and the amount so fixed
shall be paid out of the state treasury from monies appropriated for the
acquisition of property for the project requiring such entry, work or
occupation.

17. The provisions of this section shall not affect any proceeding for
the acquisition by a county of property for state highway purposes where
such county has, before the effective date of this section, certified to
the commissioner of transportation that certain property has been
purchased or options therefor executed or acquisition proceeding
instituted, but all such undertakings instituted by a county shall be
continued and the acquisition of the property consummated in the manner
provided by law applicable thereto as in force prior to the taking
effect of this section.

18. Notwithstanding any other provision of this section, the
commissioner of transportation shall have the power to acquire by grant
or purchase, in the name of the people of the state of New York, any
property which he deems necessary for any of the purposes provided for
in this section and may also acquire for such purposes from the
Palisades interstate park commission, in the name of the people of the
state of New York, such lands and such easements, licenses, permits and
other rights over lands as the said commission is authorized to grant,
sell, exchange or convey. When the acquisition by appropriation, grant
or purchase of property deemed necessary for highway purposes would
result in substantial consequential damages to the owner's remaining
property, due to loss of access, severance or control of access, the
commissioner of transportation, for and in behalf of the people of the
state of New York, may acquire by purchase or grant all or any portion
of such remaining property. Payment therefor, if any, shall be made in
the manner prescribed in this section for the payment of adjusted
appropriation claims, provided, however, that no real property shall be
so acquired unless the title thereto shall be approved by the attorney
general.