New York Correction Code § 21

Acquisition of real property by purchase and acquisition
Open in Lexace · Ask the AI about this section
§ 21. Acquisition of real property by purchase and acquisition. 1. The\ncommissioner, when an appropriation therefor has been made by the\nlegislature, may acquire any real property which he may deem necessary\nfor the purposes of the department by purchase or pursuant to the\neminent domain procedure law. Title to any such real property shall be\ntaken in the name of and be vested in the people of the state of New\nYork; provided, however, that no real property shall be so acquired by\npurchase unless the title thereto shall be approved by the attorney\ngeneral.\n  2. Whenever title to real property is to be acquired pursuant to the\neminent domain procedure law the commissioner shall cause to be made by\nthe state department of transportation an accurate acquisition map as so\nprovided in said law.\n  3. On the approval of such map by the commissioner, the original\ntracing of such map shall, pursuant to the eminent domain procedure law,\nbe filed in the main office of the department.\n  4. If the commissioner shall determine, prior to the filing of such\nmap in the office of the clerk or register of the county, that changes,\nalterations or modifications of such map as filed in the main office of\nthe department should be made, he or she shall, subject to the\nprovisions of article two of the eminent domain procedure law, if\napplicable, direct the preparation by the department of transportation\nof an amended map. On the approval of such amended map by the\ncommissioner, it shall be filed in the main office of the department and\nthe amended map shall thereupon in all respects and for all purposes\nsupersede the map previously filed.\n  5. If the commissioner shall determine, prior to the filing of a copy\nof such acquisition map in the office of the county clerk or register as\nprovided in section four hundred two of the eminent domain procedure\nlaw, that such map should be withdrawn, he or she may file a certificate\nof withdrawal in the offices of the department and of the department of\nlaw. Upon the filing of such certificate of withdrawal, the map to which\nit refers shall be cancelled and all rights thereunder shall cease and\ndetermine.\n  6. The commissioner shall deliver to the attorney general a copy of\nsuch acquisition map, whereupon it shall be the duty of the attorney\ngeneral to advise and certify to the commissioner the names of the\nowners of the property, easements, interests or rights described in the\nsaid acquisition map, including the owners of any right, title or\ninterest therein, pursuant to the requirements of section four hundred\nthree of the eminent domain procedure law.\n  7. If, at or after the vesting of title to such property in the people\nof the state of New York, as provided for in the eminent domain\nprocedure law, the commissioner shall deem it necessary to cause the\nremoval of an owner or occupant from any real property so acquired, he\nmay cause such owner or occupant to be removed therefrom by proceeding\nin accordance with section four hundred five of the eminent domain\nprocedure law. The proceeding shall be brought in the name of the\ncommissioner as agent of the state and the attorney general shall\nrepresent the petitioner in the proceedings. No execution shall issue\nfor costs, if any, awarded against the state or the commissioner, but\nthey shall be part of the costs of the acquisition of the real property\nand be paid in like manner. Proceedings may be brought separately\nagainst one or more of the owners or occupants of any such property, or\none proceeding may be brought against all or several of the owners or\noccupants of any or all such property within the territorial\njurisdiction of the same court, justice or judge; judgment shall be\ngiven for immediate removal of persons defaulting in appearance or in\nanswering, or withdrawing their answers, if any, without awaiting the\ntrial or decision of issues raised by contestants, if any.\n  8. Upon making any agreement p

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.