§ 401. Land; purchase or acquisition. 1. The commissioner, when an\nappropriation therefor has been made by the legislature, may acquire any\nreal property which he may deem necessary for any departmental purpose\nby purchase or acquisition pursuant to the eminent domain procedure law.\n Title to any such real property shall be taken in the name of and be\nvested in the people of the state of New York; provided, however, that\nno real property shall be so acquired by purchase unless the title\nthereto shall be approved by the attorney general.\n 2. Whenever real property is to be acquired pursuant to the eminent\ndomain procedure law the commissioner shall cause to be made by the\nstate department of transportation an accurate acquisition map as\nprovided in such law.\n 3. 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.\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or register as\nprovided in section four hundred two of the eminent domain procedure\nlaw, that such map should be withdrawn, he or she may file a certificate\nof withdrawal in the offices of the department and of the department of\nlaw.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 procedure\nlaw, the commissioner shall deem it necessary to cause the removal of an\nowner or occupant from any real property so acquired, he may cause such\nowner or occupant to be removed therefrom by proceeding in accordance\nwith section four hundred five of the eminent domain procedure law. The\nproceeding shall be brought in the name of the commissioner as agent of\nthe state and the attorney general shall represent the petitioner in the\nproceedings. No execution shall issue for costs, if any, awarded against\nthe state or the commissioner, but they shall be part of the costs of\nthe acquisition of the real property and be paid in like manner.\nProceedings may be brought separately against one or more of the owners\nor occupants of any such property, or one proceeding may be brought\nagainst all or several of the owners or occupants of any or all such\nproperty within the territorial jurisdiction of the same court, justice\nor judge; judgment shall be made for immediate removal of persons\ndefaulting in appearance or in answering, or withdrawing their answers,\nif any, without awaiting the trial or decision of issues raised by\ncontestants, if any.\n 8. Claims for the value of any property acquired and for legal damages\ncaused by any such acquisition may be a
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