§ 3-0305. Acquirement of real property by purchase or appropriation.\n 1. The commissioner when moneys therefor have been appropriated by\nthe legislature or are otherwise available, may acquire any real\nproperty which he deems necessary for any of the purposes or functions\nof the department, by purchase or as provided in the eminent domain\nprocedure law. Title to such real property shall be taken in the name\nof and be vested in the people of the state of New York. No real\nproperty shall be so acquired by purchase unless the title thereto is\napproved by the attorney general. The terms "property" or "real\nproperty" as used in this section shall mean "real property" as defined\nby section one hundred three of the eminent domain procedure law.\n 2. Whenever real property is to be so acquired pursuant to the\nprovisions of the eminent domain procedure law, by appropriation, the\ncommissioner shall cause to be made 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 map shall, pursuant to the eminent domain procedure law, be\nfiled in the main office of the department.\n 4. If the commissioner shall determine, prior to the filing of a copy\nof such acquisition map in the office of the county clerk, 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 of an amended map. On the approval of\nsuch amended map by the commissioner, it shall be filed in the main\noffice of the department in the same manner as the original map was\nfiled and the amended map shall thereupon in all respects and for all\npurposes supersede the map previously filed.\n 5. If the commissioner shall determine prior to filing a copy of an\nacquisition map in the office of the county clerk, as provided in\nsection four hundred two of the eminent domain procedure law, that such\nmap should be withdrawn, he or she shall file a certificate of\nwithdrawal in the offices of the department and of the department of\nlaw.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 real property described in the said acquisition map,\nincluding the owners of any right, title or interest therein, pursuant\nto the requirements of section four hundred three of the eminent domain\nprocedure law.\n 7. 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 the\neminent domain procedure law, the commissioner shall deem it necessary\nto cause the removal of an owner or other occupant from such property,\nhe may cause such owner or occupant to be removed therefrom by\nproceeding in accordance with section four hundred five of such law.\nThe proceeding shall be brought in the name of the commissioner as agent\nof the state and the attorney general shall represent the petitioner in\nthe proceedings. No execution shall issue for costs, if any, awarded\nagainst the state or the commissioner, but they shall be part of the\ncosts of the acquisition of the real property and be paid in like\nmanner. Proceedings may be brought separately against one or more of\nthe owners or occupants of any such property, or one proceeding may be\nbrought against all or several of the owners or occupants of any or all\nsuch property within the territorial jurisdiction of the same court,\njustice or judge; judgment shall be given for immediate removal of\npersons defaulting in appearance or in answering, or withdrawing their\nan
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