§ 177. Acquisition of real property for armories and other military
facilities of the state. 1. The adjutant general, provided that funds
have been appropriated or provided by the state or by the United States
or by both for such purposes, is authorized to acquire by purchase or
gifts or, pursuant to the provisions of the eminent domain procedure
law, any real property which he may deem necessary for the purposes of
armories, camps, ranges, bases, or facilities for the use of the
organized militia, the title to all such property to be taken in the
name of and be vested in the people of the state; provided, however,
that no such property shall be acquired by purchase or gift unless the
title thereto shall be approved by the attorney general.

2. Whenever real property is to be acquired pursuant to the
provisions of the eminent domain procedure law, the adjutant general
shall cause to be made by the state department of transportation an
accurate acquisition map prepared from an accurate survey, of the
property to be so acquired or in or to which any easement is to be
acquired and, in the case of an easement, specifying the particular
nature and the duration thereof. The adjutant general and the state
commissioner of transportation and their respective duly authorized
agents and employees may enter upon such real property or, when
necessary, upon any adjacent real property for the purpose of making
such survey.

3. On the approval of such map by the adjutant general, the original
tracing of such map shall be filed in the main office of the division of
military and naval affairs, pursuant to the provisions of the eminent
domain procedure law.

4. If the adjutant general shall determine, prior to the filing of
such map in the office of the clerk or register of the county, that
changes, alterations or modifications of such map as filed in the office
of the division 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 by the department of transportation
of an amended map. On the approval of such amended map by the adjutant
general, it shall be filed in the main office of the division and the
amended map shall thereupon in all respects and for all purposes
supersede the map previously filed.

5. If the adjutant general shall determine prior to the filing of a
copy of such acquisition map in the office of the county clerk or
register as provided in section four hundred two of the eminent domain
procedure law, that such map should be withdrawn, he or she may file a
certificate of withdrawal in the offices of the division and of the
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.

6. The adjutant general 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 adjutant general the names of the
owners of the property, easements, interest 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.

7. If, at or after the vesting of title to such property in the people
of the state of New York as provided for in the eminent domain procedure
law, the adjutant general shall deem it necessary to cause the removal
of an owner or occupant from any real property so acquired, he may cause
such owner or occupant to be removed therefrom by proceeding in
accordance with section four hundred five of the eminent domain
procedure law. The proceeding shall be brought in the name of the
adjutant general as agent of the state and the attorney general shall
represent the petitioner in the proceedings. No execution shall issue
for costs, if any, awarded against the state or the adjutant general,
but they shall be part of the costs of the acquisition of the real
property and be paid in like manner. Proceedings may be brought
separately against one or more of the owners or occupants of any such
property, or one proceeding may be brought against all or several of the
owners or occupants of any or all such property within the territorial
jurisdiction of the same court, justice or judge; and in any case
judgement shall 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.

8. Upon making any agreement provided for in section three hundred
four of the eminent domain procedure law, the adjutant general shall
deliver to the comptroller such agreement and a certificate stating the
amount due such owner or owners thereunder on account of such
acquisition of his or their property and the amounts so fixed shall be
paid out of the state treasury after audit by the comptroller from
moneys appropriated for the acquisition of such property, 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.

9. Application for reimbursement of incidental expenses as provided
in section seven hundred two of the eminent domain procedure law shall
be made to the adjutant general upon forms prescribed by him and shall
be accompanied by such information and evidence as the adjutant general
may require. Upon approval of such application, the adjutant general
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.

10. The adjutant general, 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 adjutant
general; 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
adjutant general 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 adjutant general 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 adjutant general 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 adjutant general upon forms prescribed by him and shall
be accompanied by such information and evidence as the adjutant general
may require. Upon approval of such application, the adjutant general
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.

11. Authorization is hereby given to the adjutant general 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
adjutant general, 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 adjutant general 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
adjutant general. Application for payment under this subdivision shall
be made to the adjutant general upon forms prescribed by him and shall
be accompanied by such information and evidence as the adjutant general
may require. Upon approval of such application, the adjutant general
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.

12. The owner of any real property so acquired 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 acquired,
and for legal damages caused by such acquisition, 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 after audit by the comptroller from
moneys appropriated for the acquisition of such real property.

13. If the adjutant general shall determine subsequent to the
acquisition of a temporary easement in any real property that the
purposes for which such easement right was acquired have been
accomplished and that the exercise of such easement is no longer
necessary, he shall make his certificate that the exercise of such
easement is no longer necessary and that such easement right is
therefore terminated, released and extinguished. The adjutant general
shall cause such certificate to be filed in the office of the department
of state and upon such filing all rights acquired by the state in such
property shall cease and determine. The adjutant general shall cause a
certified copy of such certificate as so filed in the office of the
department of state 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 and such
adjutant general shall cause a further certified copy of such
certificate to be filed in the office of the recording officer of each
county in which the property affected or any part thereof is situated.
On the filing of such certified copy of such certificate with such
recording officer, it shall be his duty to record the same in his office
in the books used for recording deeds and to index the same against the
name of the people of the state of New York as grantor.