New York Laws
Title 15 - Water Supply
15-1523 - Indirect Damages; Decision and Payment as to Rochester.

1. Whenever the department shall decide that the execution of any
water supply project by the city of Rochester will result in damages to
persons and property, the determination of and payment for which are not
otherwise provided for by law, the department shall so state in its
decision and it may order that such damages be determined and paid in
accordance with the provisions of this section.

2. Whenever the department shall make such a decision relating to the
determination and payment of damages pursuant to the provisions of this
section, any person who is on the date of such decision, the owner of
any real estate not taken by the applicant, or the owner of any
established business, directly or indirectly decreased in value by
reason of the acquiring of land for or on account of a new or additional
water supply project, his heirs, personal representatives and assigns,
shall have a right to damages for such decrease in value. The city of
Rochester may agree with such person as to the amount of such damages,
and, if such agreement cannot be made, such damages, if any, shall be
determined in the manner provided in the eminent domain procedure law
for the ascertaining and determining of the value of the real estate
taken for such project, and the court shall not be limited in the
reception of evidence to the rules regulating the proof of direct
damages. The amount of such damages so agreed upon, or determined, as
aforesaid, shall be paid and collected in the same manner as is provided
for the payment of awards in condemnation proceedings as provided in the
charter of the city of Rochester for the taking of real property.

3. A person employed in a manufacturing establishment, or in an
established business, or upon any lands, who is not the owner or part
owner thereof, which manufacturing establishment, or established
business, is injured or destroyed, or which lands are taken or acquired
under or on account of the carrying out of such project, and who has
been so employed continuously for at least six months prior to the date
of the decision of the department and who continues in such employment
up to the time of such injury, destruction, taking or acquisition, shall
have a claim for damages against the city of Rochester equal to the
salary or wages paid to such employee for the six months immediately
preceding the date of such decision. Such damages may be determined by
agreement with the city of Rochester, or, in case such agreement cannot
be made, such employee may maintain an action against the city of
Rochester in the Supreme Court to recover such damages, not, however, to
exceed the sum of the salary or wages paid him for the six months
immediately preceding the date of the decision of the department.

4. If the department shall so approve of a project, or a part of a
project, the execution of which is to be deferred, or, if for any reason
such execution shall thereafter be deferred, the department shall in its
decision, or in a modification thereof, fix a date, other than the date
of the decision, which shall be held to be applicable to all damages
arising from the execution of such project, or of such part of a
project.

5. The powers, rights, privileges and duties granted, conferred and
imposed by the provisions of this section are hereby granted, conferred
and imposed notwithstanding any inconsistent provision in this or any
other general or special law.