§ 40. Real property; purchase or acquisition. 1. The commissioner,
when an appropriation therefor has been made by the legislature, may
acquire any real property which he may deem necessary for any
departmental purpose by purchase or, in the manner provided in the
eminent domain procedure law. Title to any such real property shall be
taken in the name of and be vested in the people of the state of New
York; provided, however, that no real property shall be so acquired by
purchase unless the title thereto shall be approved by the attorney
general.

2. Whenever real property is to be acquired pursuant to the eminent
domain procedure law, the commissioner shall cause to be made by the
state department of transportation an accurate acquisition map as so
provided in such law.

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

4. If the commissioner 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
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 by the department of transportation of an amended map.
On the approval of such amended map by the commissioner, it shall be
filed in the main office of the department and the amended map shall
thereupon in all respects and for all purposes supersede the map
previously filed.

5. If the commissioner 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 paragraph three of subdivision (A) of 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withdrawn, he or she may file a certificate of withdrawal in the offices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 department 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 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.

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 commissioner shall deem it necessary to cause the
removal of an owner or occupancy 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
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 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 commissioner 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 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 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.

10. 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 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.

11. 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 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 accesible 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.

12. The owner of any real property so acquired may present to the
court of claims, pursuant to subdivision (A) of section five hundred
three of the eminent domain procedure law, a claim for the value of such
property and for other 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.

13. Expenses incurred in the acquisition of the property, including
the cost of title searches, service and publication of notices, and
expenses incurred in proceedings for the removal of owners or occupants,
shall be deemed to be part of the cost of the acquisition of such real
property and shall be paid accordingly out of any moneys appropriated
for the acquisition of such property.

14. If the commissioner 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 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 such 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.