Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROLChapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control
Part 13 - Acquisition Of Real Estate
Section 13.2 - Rules governing acquisition of land

N.Y. Comp. Codes R. & Regs. tit. 2 § 13.2

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Current through Register Vol. 46, No. 43, October 23, 2024
Section 13.2 - Rules governing acquisition of land

Unless otherwise provided by law, lands shall be acquired in accordance with the following rules:

(a) An agreement must be secured with the owner of the property and filed in the office of the Comptroller.
(b) An appraisal of the land to be acquired shall be made by the department, commission or agency authorized to purchase. The contract of purchase or agreement or adjustment with the owner shall be made upon the basis of such appraisal.
(c) The appraisal shall be submitted to the Bureau of Rights-of-Way and Claims of the Department of Transportation for review and approval and copies of the appraisal shall be forwarded to the Division of the Budget and to the Comptroller.
(d) Contracts of purchase and agreements of adjustment shall be submitted to the Attorney General for approval as to form and manner of execution. There should be endorsed on each contract or agreement the appropriation from which payment is to be made. The endorsement should contain the title, chapter, number and year of the appropriation.
(e) When the appraisal has been approved by the Bureau of Rights-of-Way and Claims of the Department of Transportation, the contract or agreement and copies of the Land Contract Obligation and Approval Slip (AC 16) listing accounts to be encumbered, shall be submitted to the Comptroller for his approval.
(f) Voucher for all searches ordered by the Attorney General shall be approved by him. Vouchers for a search ordered by an agency acquiring the lands, shall be approved by the Attorney General and shall not exceed ordinary legal fees.
(g) All descriptions to be inserted in conveyances shall first be submitted to the Attorney General and thereafter to the Comptroller for approval.
(h) All forms of conveyances and the execution thereof shall be approved by the Attorney General.
(i) Executed conveyances, satisfaction of mortgages, releases of land purchased from outstanding mortgages, and signed vouchers are to be delivered to the Attorney General in escrow.
(j) The Attorney General shall cause the conveyances, satisfactions and releases to be recorded in the proper county clerk's or register's office and the search shall be extended to include the record of them.
(k) When the conveyance cannot be delivered to the Comptroller prior to the payment of the consideration money, a copy of the deed approved by the Attorney General and a certificate by the county clerk certifying that the conveyance has been received by him for record, shall be filed.
(l) When a portion or all of the money is to be paid to a mortgagee or other persons, an agreement to that effect must be filed.
(m) When payment is to be made to a person other than the grantor, and other than as provided in subdivision (l) of this section a specific power of attorney to that effect, or a written consent to such payments must be filed. If the conveyance is made by husband and wife and payment is to be made to the husband only, the formal consent of the wife must be filed.
(n) An affidavit of title shall be executed and delivered by the grantor showing: That all taxes have been paid; that there are no outstanding tax liens or tax deed which might affect the title; that there are no easements rights, rights of tenants or unreported leases, affecting the premises which do not appear in the abstract of title, and such other facts as may be material to any particular transaction.
(o) The receipted vouchers shall contain the following certificate:

The acquisition of the lands herein described and more specifically described in a deed from the claimant herein to the People of the State of New York dated ________ subject to the terms and conditions, if any therein contained, at the consideration therein and herein stated, was approved by the ________ commission by resolution adopted ________

Such certificate shall be signed by the chairman, president or other authorized official, and attested by the secretary.

(p) All necessary title papers in the possession of the grantor shall be delivered and filed in the office of the Comptroller. The instruments referred to in subdivisions (m), (n) and (o) of this section shall be filed in the Comptroller's office.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 13.2