(a) Any recording fees, transfer taxes and other similar expenses in
connection with the acquisition of the property by the state, including
the corporation, or in connection with the transfer of the property to
the state, including the corporation; and
(b) Any penalty costs, incurred by the owner of property acquired by
the state, including the corporation, for prepayment of any pre-existing
recorded mortgage entered into in good faith encumbering such property.
In the event that there shall be a final judgment by a court of
competent jurisdiction that the commissioner of transportation or the
corporation as the case may be, was not legally authorized to acquire
property, or a portion of such property, pursuant to this section; or
the commissioner or the corporation denies that there was any taking of
property, makes no offer to settle the value of the claim for such
property and there shall be a final judgment by a court of competent
jurisdiction that the commissioner or the corporation did in fact take
such property; or the procedure to acquire such property is abandoned by
the commissioner or the corporation; authorization is hereby given for
the reimbursement to the person or other entity entitled thereto, as
determined by the commissioner or the corporation, of an amount,
separately computed and stated, for reasonable costs, disbursements and
expenses, including reasonable attorney, appraisal and engineering fees,
actually incurred by such person or other entity because of the
acquisition procedure.
Application for either of such reimbursements shall be made to the
corporation upon forms prescribed by it and shall be accompanied by such
information and evidence as the corporation may require. Upon approval
of such application, the corporation shall deliver a copy thereof to the
comptroller together with a certificate stating the amount due
thereunder, and the amount so fixed shall be paid out of funds available
for this purpose.
11. Authorization is hereby given to the corporation to make
supplemental relocation payments, separately computed and stated, to
displaced owners and tenants of residential property acquired pursuant
to this section who are entitled thereto, as determined by such
corporation. The corporation may establish and from time to time amend
rules and regulations providing for such supplemental relocation
payments. Such rules and regulations may further define the terms used
in this subdivision. In the case of property acquired pursuant to this
section which is improved by a dwelling actually owned and occupied by
the displaced owner for not less than one hundred eighty days
immediately prior to initiation of negotiations for the acquisition of
such property, such payment to such owner shall not exceed fifteen
thousand dollars. Such payment shall be the amount, if any, which, when
added to the acquisition payment equals the average price, established
by the corporation on a class, group or individual basis, required to
obtain a comparable replacement dwelling that is decent, safe and
sanitary to accommodate the displaced owner, reasonably accessible to
public services and places of employment and available on the private
market, but in no event shall such payment exceed the difference between
acquisition payment and the actual purchase price of the replacement
dwelling. Such payment shall include an amount which will compensate
such displaced owner for any increased interest costs which such person
is required to pay for financing the acquisition of any such comparable
replacement dwelling. Such amount shall be paid only if the dwelling
acquired pursuant to this section was encumbered by a bona fide mortgage
which was a valid lien on such dwelling for not less than one hundred
eighty days prior to the initiation of negotiations for the acquisition
of such dwelling. Such amount shall be equal to the excess in the
aggregate interest and other debt service costs of that amount of the
principal of the mortgage on the replacement dwelling which is equal to
the unpaid balance of the mortgage on the acquired dwelling, over the
remaining term of the mortgage on the acquired dwelling, reduced to
discounted present value. The discount rate shall be the prevailing
interest rate paid on savings deposits by commercial banks in the
general area in which the replacement dwelling is located. Any such
mortgage interest differential payment shall, notwithstanding the
provisions of section twenty-six-b of the general construction law, be
in lieu of and in full satisfaction of the requirements of such section.
Such payment shall include reasonable expenses incurred by such
displaced owner for evidence of title, recording fees and other closing
costs incident to the purchase of the replacement dwelling, but not
including prepaid expenses. Such payment shall be made only to a
displaced owner who purchases and occupies a replacement dwelling which
is decent, safe and sanitary within one year subsequent to the date on
which he is required to move from the dwelling acquired pursuant to this
section or the date on which he receives from the state final payment of
all costs of the acquired dwelling, whichever occurs later, except
advance payment of such amount may be made in hardship cases. In the
case of property acquired pursuant to this section from which an
individual or family, not otherwise eligible to receive a payment
pursuant to the above provisions of this subdivision, is displaced from
any dwelling thereon which has been actually and lawfully occupied by
such individual or family for not less than ninety days immediately
prior to the initiation of negotiations for the acquisition of such
property, such payment to such individual or family shall not exceed
four thousand dollars. Such payment shall be the amount which is
necessary to enable such individual or family to lease or rent for a
period not to exceed four years, a decent, safe and sanitary dwelling of
standards adequate to accommodate such individual or family in areas not
generally less desirable in regard to public utilities and public and
commercial facilities and reasonably accessible to his place of
employment, but shall not exceed four thousand dollars, or to make the
down payment, including reasonable expenses incurred by such individual
or family for evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not including
prepaid expenses, on the purchase of a decent, safe and sanitary
dwelling of standards adequate to accommodate such individual or family
in areas not generally less desirable in regard to public utilities and
public and commercial facilities, but shall not exceed four thousand
dollars, except if such amount exceeds two thousand dollars, such person
must equally match any such amount in excess of two thousand dollars, in
making the down payment. Such payments may be made in installments as
determined by the corporation. Application for payment under this
subdivision shall be made to the corporation upon forms prescribed by
such corporation and shall be accompanied by such information and
evidence as the corporation may require. Upon approval of such
application, the corporation shall deliver a copy thereof to the
comptroller, together with a certificate stating the amount due
thereunder, and the amount so fixed shall be paid out of funds available
for such purpose.
12. The owner of any property, easements, interests or rights
appropriated, may present to the court of claims a claim for the value
of such property appropriated and for legal damages as provided by law
for the filing of claims with the court of claims. Payment of such
awards and judgments of the court of claims shall be made in the manner
now prescribed by law.
13. If the work of improvement, maintenance, control, management or
repair of the canal system causes damage to property not acquired as
above provided, the state shall be liable therefor, but this provision
shall not be deemed to create any liability not already existing by
statute. Claims for such damage may be adjusted by the corporation, if
the amounts thereof can be agreed upon with the persons making such
claims, and any amount so agreed upon shall be paid as a part of the
cost of such improvement, maintenance, control, management or repair as
prescribed by this section. If the amount of any such claim is not
agreed upon, such claim may be presented pursuant to the eminent domain
procedure law to the court of claims which is hereby authorized to hear
such claim and determine if the amount of such claim or any part thereof
is a legal claim against the state, and, if it so determines, to make an
award and enter judgment thereon against the state, provided, however,
that such claim is filed with the court of claims within three years
after the accrual of such claim.
14. Notwithstanding any other provision of this section, the
corporation or the commissioner of transportation at the request of the
corporation shall have the power to acquire by grant or purchase, in the
name of the people of the state of New York, any property which he or
the corporation deems necessary for any of the purposes provided for in
this section, and payment therefor, if any, shall be made in the manner
prescribed in this section for the payment of adjusted appropriation
claims, provided, however, that no real property shall be so acquired
unless the title thereto shall be approved by the attorney general.
15. The expense of the acquisition of property, including the cost of
making surveys, preparing descriptions and maps of property to be
acquired, and of administrative duties in connection therewith, serving
notices of appropriation, publication, making appraisals and agreements
and of searches ordered and examinations and readings and approval of
titles made by the attorney general, and expenses incurred by the
corporation or the commissioner of transportation at the request of the
corporation and attorney general in proceedings for the removal of
owners or occupants, shall be deemed a part of the cost of operation of
the respective offices where such employees are engaged or of the
department having charge of such matters and shall be paid from moneys
appropriated for the operation of such offices. If a special fund has
been set up to provide for the acquisition of property, then such
expense involved may be made payable from such fund.
16. Notwithstanding the provisions of any general, special or local
law, the corporation or the commissioner of transportation at the
request of the corporation, his or its officers, agents or contractors
when engaged on work connected with the canal system, as described in
subdivision one of this section, may, pursuant to the provisions of the
eminent domain procedure law, enter upon any property for the purpose of
making surveys, test pits, test borings, or other investigations and
also for temporary occupancy during construction. Claims for any damage
caused by such entry, work or occupation not exceeding two thousand five
hundred dollars may be adjusted by agreement by the corporation or the
commissioner of transportation at the request of the corporation with
the owner of the property affected as determined by him or such
corporation by reasonable investigation without appropriating such
property. Upon making any such adjustment and agreement, the corporation
or the commissioner of transportation shall deliver to the comptroller
such agreement and a certificate stating the amount due such owner and
the amount so fixed shall be paid out of the funds available for such
purpose.
17. If the corporation shall determine subsequent to the acquisition
of a temporary easement right in property and subsequent to the filing
of a description and map of such property in the office of the county
clerk or register, as aforesaid, that the purposes for which such
easement right was acquired have been accomplished and that the use and
occupancy of said property for canal purposes are no longer necessary,
and that, therefore, the term of such easement should be further
limited, or if the appropriation of such easement was for an indefinite
period, that such period should be fixed and determined, or that the
period of such easement has by its terms expired, the corporation shall
make its certificate that the use and occupancy of such property for
canal purposes are no longer necessary, that the property in which such
easement right was acquired is surrendered back to the affected owner of
said property and that such easement right is thereupon terminated,
released and extinguished. The corporation shall cause a copy of such
certificate to be filed in the office of the department of state. Upon
the filing of such certificate in the office of the department of state
all rights acquired by the state in such property shall cease and
determine. The corporation shall cause a copy of such certificate
together with notice of the filing thereof in the office of the
department of state to be mailed to the owner or owners of the property
affected, as certified by the attorney general, if the place of
residence of such owner or owners is known or can be ascertained by a
reasonable effort. A further copy of such certificate and notice of
filing shall be filed in the office of the recording officer of each
county wherein the property affected is situated. On the filing of such
certificate and notice with such officer it shall be the duty of such
officer to record same in the books used for recording deeds in the
office of such officer.
18. Notwithstanding any other provision of this section, the
corporation shall have the power to acquire by grant or purchase, in the
name of the people of the state of New York, any property which it deems
necessary for any of the purposes provided for in this section and may
also acquire for such purposes from the Palisades interstate park
commission, in the name of the people of the state of New York, such
lands and such easements, licenses, permits and other rights over lands
as the said commission is authorized to grant, sell, exchange or convey.
When the acquisition by appropriation, grant or purchase of property
deemed necessary for canal purposes would result in substantial
consequential damages to the owner's remaining property, due to loss of
access, severance or control of access, the corporation, for and on
behalf of the people of the state of New York, may acquire by purchase
or grant all or any portion of such remaining property. Payment
therefor, if any, shall be made in the manner prescribed in this section
for the payment of adjusted appropriation claims, provided, however,
that no real property shall be so acquired unless the title thereto
shall be approved by the attorney general.