§ 27. Acquisition of real property by purchase or appropriation. 1.
The commissioner of general services when moneys therefor have been
appropriated by the legislature or are otherwise available, may acquire
any real property which he deems necessary for the implementation or
accomplishment of any statutory purpose, function, operation or
responsibility of the commissioner of general services or the office of
general services, by purchase or as provided in the eminent domain
procedure law. Title to such real property shall be taken in the name of
and be vested in the people of the state of New York. No real property
shall be so acquired by purchase unless the title thereto is approved by
the attorney general. The terms "property" or "real property" as used in
this section shall mean "real property" as defined by section one
hundred three of the eminent domain procedure law.

2. Whenever real property is to be so acquired pursuant to the
provisions of the eminent domain procedure law the commissioner of
general services shall cause to be made an accurate acquisition map as
so provided in said law.

3. On the approval of such map by the commissioner of general
services, the original tracing of the map shall, pursuant to the eminent
domain procedure law, be filed in the main office of the office of
general services.

4. If the commissioner of general services shall determine, prior to
the filing of a copy of such acquisition map in the office of the county
clerk, that changes, alterations or modifications of such map as filed
in the main offices of the office of general services 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. On the approval of such amended map by the commissioner, it
shall be filed in his or her office and he or she shall cause a
certified copy of such amended map to be filed in the office 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.

5. If the commissioner of general services shall determine, prior to
the filing of a copy of an 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procedure law, that such map should be withdrawn, he or she shall file a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 office of general
services 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 terminate.

6. The commissioner of general services 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 real property 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 in the manner provided for in the eminent
domain procedure law, the commissioner of general services shall deem it
necessary to cause the removal of an owner or other occupant from such
property, he may cause such owner or 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 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 commissioner, 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; judgment shall be given 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 commissioner of general
services 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 the acquisition of such real
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 as provided in section seven hundred
two of the eminent domain procedure law shall be made to the
commissioner of general services 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 amounts 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.

10. The commissioner of general services, 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; of actual reasonable expenses in searching for a
replacement business or farm; and of actual reasonable expenses
necessary to reestablish a displaced farm, not-for-profit organization
or small business at its new site, but not to exceed ten thousand
dollars, or in hardship cases for the advance payment of such expenses
and losses. 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 and actual
reasonable reestablishment expenses, any such displaced owner or tenant
of commercial property who meets eligibility criteria and 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 one thousand dollars nor more than twenty thousand dollars. A
displaced not-for-profit organization may choose a fixed payment of one
thousand to twenty thousand dollars in lieu of the payment for actual
moving and related expenses and actual reasonable reestablishment
expenses if eligibility criteria are met. 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 not-for-profit 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 not-for-profit organization. The term "small
business" means a business having not more than five hundred employees
working at the site being acquired or permanently displaced. As used in
this subdivision the term "farm operation" means any activity conducted
solely or primarily for the production of one or more agricultural
products or commodities including timber for sale or home use, and
customarily producing such products or commodities in sufficient
quantities to be capable of contributing materially to the operator's
support.

11. The commissioner of general services 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 (a) by the staff, forces and
equipment of the office of general services; or (b) by the commissioner
of general services contracting for the management, supervision and
enforcement thereof with any person, firm or corporation; or (c) 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 projects fund.

12. Authorization is hereby given to the commissioner of general
services 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 or
replacement housing. 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 twenty-two
thousand five hundred 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
a replacement dwelling which is decent, safe and sanitary. 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. 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 the commissioner identifies, for the displaced
owner, replacement housing actually available within the limits of the
offer extended for replacement housing, 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
five thousand two hundred fifty 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 forty-two months, 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. Such payment may be used as a 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. Such payments may be made in installments as
determined by the commissioner. However, notwithstanding the provisions
of this subdivision, if it is determined by the commissioner that
replacement housing cannot be obtained for the supplemental relocation
payments specified herein, he may, subject to the approval of the
director of the budget, take such action as is necessary or appropriate
to provide last resort housing with the use of funds authorized for the
project. 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.

13. Any owner of real property acquired pursuant to this section 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 after audit by the comptroller from moneys
appropriated for the acquisition of such real property.

14. Expenses incurred in the acquisition of the real property,
including the cost of making surveys, and preparing descriptions and
maps of property to be acquired, and of administrative duties in
connection therewith, 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 of
general services or attorney general in proceedings for removal of
owners and occupants, shall be deemed to be part of the cost of the
acquisition of such real property.

15. If the commissioner of general services 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 commissioner 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 real
property shall cease and determine. The commissioner 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 the
commissioner 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.

16. If any clause, sentence, paragraph, or part of this section or the
application thereof to any person, firm or corporation, project or
circumstance shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or part of the application thereof to the person,
firm or corporation, project or circumstance directly involved in the
controversy in which such judgment shall have been rendered.