§ 40. Real property; purchase or acquisition. 1. The commissioner,\nwhen an appropriation therefor has been made by the legislature, may\nacquire any real property which he may deem necessary for any\ndepartmental purpose by purchase or, in the manner provided in the\neminent domain procedure law. Title to any such real property shall be\ntaken in the name of and be vested in the people of the state of New\nYork; provided, however, that no real property shall be so acquired by\npurchase unless the title thereto shall be approved by the attorney\ngeneral.\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 so\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\npursuant to the eminent domain procedure law.\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 office of the\ndepartment should be made, he or she shall, subject to the provisions of\narticle two of the eminent domain procedure law, if applicable, direct\nthe preparation by the department of transportation of an amended map.\nOn the approval of such amended map by the commissioner, it shall be\nfiled in the main office of the department and the amended map shall\nthereupon in all respects and for all purposes supersede the map\npreviously 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 paragraph three of subdivision (A) of section four hundred\ntwo of the eminent domain procedure law, that such map should be\nwithdrawn, he or she may file a certificate of withdrawal in the offices\nof the department and of the department of law. Upon the filing of such\ncertificate of withdrawal, the map to which it refers shall be\ncancelled, and all rights thereunder shall cease and determine.\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\npeople of the state of New York as provided for in the eminent domain\nprocedure law, the commissioner shall deem it necessary to cause the\nremoval of an owner or occupancy from any real property so acquired, he\nmay cause such owner or occupant to be removed therefrom by proceeding\nin accordance with section four hundred five of the eminent domain\nprocedure law. The proceeding shall be brought in the name of the\ncommissioner as agent of the state and the attorney general 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 of the real property\nand be paid in like manner. Proceedings may be brought separately\nagainst one or more of the owners or occupants of any such property, or\none proceeding may be brought against all or several of the owners or\noccupants of any or all such property within the territorial\njurisdiction of the same court, justice or judge; judgment shall be made\nfor immediate removal of persons defaulting in appearance or in\nanswering, or withdrawing their answers, if any, without awaiting the\ntrial or decision of issues raised by contestants, if any.\n 8. Upo
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