§ 1806. Judgment. Upon examining into the truth of the allegations of\nthe petition, and hearing the allegations and proofs of the parties,\npresented orally or by affidavit, as to the value of the interest of the\ninfant, incompetent person or conservatee in the property so\nappropriated, including the legal damages caused by such appropriation,\nand the damages, if any, sustained by the entry upon, use or occupation\nof, or injury to such property by the state prior to completion of\nappropriation, and, upon inquiring into the facts and circumstances and\nduly considering the matter, if it shall appear to the satisfaction of\nthe court that the amount of compensation offered to be paid by the\nstate represents the fair market value of the property appropriated and\njust compensation for the legal damages caused by such appropriation and\nthe damages, if any, sustained by the entry upon, use or occupation of,\nor injury to such property by the state prior to completion of\nappropriation, and that the interest of the infant, incompetent person\nor conservatee will be substantially promoted by releasing or joining\nwith others in releasing any such claim for the amount of compensation\noffered therefor by the state, the court may render a judgment\nauthorizing petitioner to enter into an agreement with the state, in\nsuch form as may be submitted by the state or any agency or department\nthereof, for the amount of compensation offered by the state and\napproved by the court and authorizing and directing petitioner to\nexecute and deliver to the state a release of such claim and any\ndocuments or instruments as may be required by the state to give full\neffect to such release and authorizing and directing petitioner to\nreceive the amount in full payment of such claim for compensation.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.