§ 1801. Grounds. In any case, where the person entitled to\ncompensation from the state, by reason of the appropriation by the state\nof real property, or of any easement therein, or of a term, estate,\ninchoate right of dower, or other right or interest in real property,\nand of legal damages caused by any such appropriation, and of damages\nsustained by any entry upon, use or occupation of, or injury to such\nreal property by the state prior to completion of appropriation, is an\ninfant, a person incompetent to manage his affairs by reason of mental\nillness or other cause, or a conservatee as designated in article\nseventy-seven of the mental hygiene law, and whose interest in such real\nproperty or rights thereunder as aforementioned is not governed by a\ntrust expressed in a will creating the estate nor subject to a valid\npower of sale contained in such will which does not expressly prohibit\nthe giving of a release to the state because of such appropriation, a\nspecial proceeding may be commenced in the county where the appropriated\nproperty or a part thereof is situated, for leave to release to the\nstate the claim for compensation of such infant, incompetent person or\nconservatee, in the manner provided in this article, for the amount of\nconsideration therefor offered by the state. This article shall also\napply to the contingent interest of an infant not in being.\n
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