§ 16-0107. Acquirement of property for flood control.\n 1. The commissioner of environmental conservation, for the people of\nthe state of New York, shall acquire any property or interest therein,\nnecessary for purposes connected with the flood control projects. Such\nproperty or interest therein shall be for rights-of-way, channel\nimprovements, reservoirs, dams, quarries, gravel pits, borrow pits,\nspoil banks, camp sites, relocation of buildings and facilities,\nrelocation of the facilities of public service utilities, relocation of\nstreets, sidewalks, public grounds, parks, cemeteries, water supply\nsystems, sewer systems and lighting systems of municipal corporations;\nrelocation of county roads and town highways; and for other purposes\nconnected with the flood control projects. The term "property" as used\nin this section shall be deemed to mean and include "real property" as\nsuch term is defined in section one hundred three of the eminent domain\nprocedure law. The manner of acquisition, including method of obtaining\npossession, shall be governed by the provisions of the eminent domain\nprocedure law.\n 2. The commissioner of environmental conservation shall cause to be\nprepared an accurate acquisition map of any property which he may deem\nnecessary for purposes connected with the flood control projects or of\nany property in and to which he may deem the acquisition or exercise of\nan easement, interest or right to be necessary for such purposes,\nindicating and describing in each case the particular easement, interest\nor right. On the approval of such map by the commissioner he shall\nacquire such property, easements, interests or rights pursuant to the\nprovisions of the eminent domain procedure law.\n 3. If the commissioner shall determine, prior to the filing of such\ncopy of the acquisition map in the office of the county clerk, that\nchanges, alterations or modifications of such map should be made, he or\nshe shall, subject to the provisions of article two of the eminent\ndomain procedure law, if applicable, direct the preparation of an\namended map, either by preparing a new map or by making changes on the\noriginal tracing of such map, with a notation indicating such changes.\nOn the approval of such amended map by the commissioner, it shall be\nfiled in the main office of the department in the same manner as the\noriginal map was filed and the amended map shall thereupon in all\nrespects and for all purposes supersede the map previously filed.\n 4. If the commissioner shall determine, prior to the filing of such\ncopy of the map in the office of the county clerk as provided in section\nfour hundred two of the eminent domain procedure law, that such map\nshould be withdrawn, he or she shall file a certificate of withdrawal in\nthe offices of the department and department of law. Upon the filing of\nsuch certificate of withdrawal, the map to which it refers shall be\ncancelled and all rights thereunder shall cease and determine.\n 5. 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 6. If, at or after the vesting of title to such property in the\npeople of the state of New York in the manner provided for in this\nsection, the commissioner shall deem it necessary to cause the removal\nof an owner or other occupant from such property, he may cause such\nowner or other occupant to be removed therefrom by proceeding in\naccordance with section four hundred five of the eminent domain\nprocedure law. The proceedings shall be brought in the name of the\ncommissioner as agent of the state. If an
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