§ 3.19 Acquisition of property by eminent domain. 1. Whenever the\ncommissioner deems it necessary to acquire property pursuant to the\neminent domain procedure law, he shall cause to be made an accurate\nacquisition map as provided in said law. The acquisition map shall be\nmade from an accurate survey of the property to be so acquired or in or\nto which any easement or estate less than full title is to be acquired\nspecifying the particular nature and extent thereof, except that\nwhenever a duly certified map or description of the property, easement\nor estate less than full interest to be acquired is available as a\nmatter of public record, then in that event such map or description may\nbe used by the commissioner to prepare the acquisition map. Upon the\napproval of the acquisition map by the commissioner, which shall be\nendorsed thereon, he shall acquire such property, easements, interests\nor rights in accordance with the provisions of the eminent domain\nprocedure law.\n 2. If the commissioner shall determine, prior to the filing of the\nacquisition map in the office of the clerk or register of the county, as\nprovided in the eminent domain procedure law, that changes, alterations\nor modifications of such map as filed in the office should be made, he\nor she shall direct the preparation of a new map or direct that changes\nbe made on the original tracing of such map, with a notation indicating\nsuch changes. Upon approval of such amended map by the commissioner, it\nshall be filed in the main office of parks, recreation and historic\npreservation as the original map was filed and the amended map shall\nthereupon in all respects and for all purposes supersede the map\npreviously filed.\n 3. If the commissioner shall determine, prior to the filing of a copy\nof the acquisition map in the office of the county clerk or register as\nprovided in the eminent domain procedure law, that such map should be\nwithdrawn, he or she shall file a certificate of withdrawal in the\noffice and department of law. Upon the filing of such certificate of\nwithdrawal, the map to which it refers shall be cancelled and all rights\nthereunder shall cease and determine.\n 5. If, at or after the vesting of title to such property in the people\nof the state of New York in the manner provided in the eminent domain\nprocedure law, the commissioner shall deem it necessary to cause the\nremoval of an owner or other occupant from such property, he may cause\nsuch owner or other occupant to be removed therefrom by proceeding in\naccordance with section four hundred five of said law. The proceeding\nshall be brought in the name of the commissioner as agent of the state.\nIf any person proceeded against shall contest the petition by an answer,\nthe attorney general shall be notified, and he thereafter 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 and be paid in like\nmanner. Proceedings may be brought separately against one or more of the\nowners or other occupants of a property, or one proceeding may be\nbrought against all or several of the owners or other occupants of any\nor all property within the territorial jurisdiction of the same justice\nor judge; judgment shall effect or be made for immediate removal of\npersons defaulting in appearance or in answering, or withdrawing their\nanswers, if any, without awaiting the trial or decision of issues raised\nby contestants, if any.\n 6. No agreement made by the commissioner in accordance with the\nprovisions of section three hundred four of the eminent domain procedure\nlaw shall be binding upon the state of New York unless the attorney\ngeneral shall certify that the person or persons claiming the amount so\nagreed upon be entitled thereto. Payment shall be made upon audit and\nwarrant of the comptroller of the amount so agreed upon from monies\na
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