§ 71.01 Acquisition of real property.\n (a) The head of each office of the department, as defined in section\n5.03 of this chapter, when an appropriation therefor has been made by\nthe legislature, may acquire, for and on behalf of the health and mental\nhygiene facilities improvement corporation, any real property which he\nmay deem necessary for the purpose of a state institution, or for that\noffice or division of the department of which he is the head, by\npurchase or pursuant to the eminent domain procedure law, the title to\nwhich shall be taken in the name of and be vested in the people of the\nstate of New York; provided, however, that no real property shall be so\nacquired by purchase unless the title thereto shall be approved by the\nattorney general.\n (b) Whenever real property is to be acquired pursuant to the eminent\ndomain procedure law, the commissioner of mental hygiene shall cause to\nbe made by the office of general services an accurate acquisition map.\nWith respect to any real property or any easement to be so acquired for\nmental hygiene purposes, the commissioner of mental hygiene may cause\nthe map, contemplated by this subdivision, and any changes, alterations\nor modifications in such map and description contemplated by subdivision\n(e) of this section, to be made by the office of general services or,\nwith the approval of the director of the budget, by a licensed\nprofessional engineer or a licensed land surveyor, and the commissioner\nof general services and the commissioner of mental hygiene may each\nauthorize the health and mental hygiene facilities improvement\ncorporation to act as agent in making such map.\n (c) Whenever real property is to be acquired pursuant to the eminent\ndomain procedure law, the commissioner of mental hygiene shall cause an\naccurate map to be made by the state department of transportation. With\nrespect to any real property or any easement to be so acquired for\nmental hygiene purposes, the commissioner of mental hygiene may cause\nthe map, contemplated by this subdivision, and any changes, alterations\nor modifications in such map and description contemplated by subdivision\n(e) of this section, to be made by the state department of\ntransportation or, with the approval of the director of the budget, by a\nlicensed professional engineer or a licensed land surveyor, and the\nstate commissioner of transportation and the commissioner of mental\nhygiene may each authorize the mental hygiene facilities improvement\nfund to act as agent in making such map.\n (d) On the approval of such map by the commissioner, the original\ntracing of such map shall be filed in the main office of the department\npursuant to the provisions of the eminent domain procedure law.\n (e) 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 (f) 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\nwhich it refers shall be cancelled and all rights thereunder shall cease\nand determine.\n (g) The commissioner of mental hygiene sha
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