§ 1508. Authority to release claims against the state by reason of

appropriation of trust property not subject to power of sale

1. The surrogate of any county having jurisdiction of the trust may,
by order, authorize any testamentary trustee to release a claim against
the state for compensation on account of the appropriation by the state
of any real property or any right, interest or easement therein
belonging to the trust, and for legal damages caused by the
appropriation and for damages sustained by any entry upon, use or
occupation of, or injury to the real property by the state prior to
completion of the appropriation.

2. Application for the order may be entertained by the court in all
cases where the will does not contain a valid power of sale with regard
to such property or a sale is not authorized under the provisions of
EPTL 11-1.1.

3. Notice of the application shall be given to such persons and in
such manner as directed by the court. Prior to the application and
irrespective of when the appropriation was effected, the trustee may
enter into an agreement with the state, subject to the approval of the
court, for the payment of such compensation, a copy of which agreement
shall be presented to the court together with the petition.

4. Upon consideration by the court of the petition, the allegations
and proofs of the parties and upon the testimony of the petitioner and
of at least 2 disinterested persons acquainted with the facts, presented
orally or by affidavit, as to the value of the interest of the trust in
the property so appropriated, including the legal damage caused by the
appropriation and the damages, if any, sustained by the entry upon, use
or occupation of, or injury to the real property by the state prior to
completion of appropriation and upon inquiring into the facts and
circumstances, if it shall appear to the satisfaction of the court that
the amount of compensation offered by the state represents the fair
market value of the property appropriated and just compensation for the
legal damages caused by the appropriation and the damages, if any,
sustained by the entry upon, use or occupation of or injury to the
property by the state prior to completion of appropriation, the court
may by order confirm the agreement and authorize and direct the trustee
to execute and deliver to the state a release of such claim and any
documents or instruments required by the state to give full effect to
the release, for the amount of consideration so offered by the state for
such release in full payment of such claim for compensation for the use
and benefit of the trust.

5. The order made pursuant to this section and the release and
attendant documents and instruments executed and delivered in conformity
therewith shall be binding and conclusive on the remainders and
reversions as well as the immediate or future trust interests in the
real property so held under the trust and shall bind and be conclusive
against all persons under disability as defined in this act and persons
not in being and all other persons having estates or interests vested or
contingent, for life or in trust, or in reversion or remainder in the
trust property or in the proceeds of the appropriation thereof by the
state.