N.Y. Ct. Cl. Act § 22

Current through 2024 NY Law Chapters 1-59 and 61-121
Section 22 - Determination of ownership of awards for property appropriated
1. In the event there may be adverse and conflicting claims asserted to an award for property appropriated by the state or any part thereof, or if there be any apparent lien or encumbrance on the property so appropriated, or on any interest therein, or any dower or other interest which has been asserted by any party as affecting the rights to an award, or which has caused the attorney general or other official of the state to refuse to make payment of any portion of the award, the court may, upon motion of a party in an action to determine the amount of said award, order the interpleader or joinder of anyone claiming or imputed to have such a claim or interest.

The court shall determine the respective interests and rights of the parties to the award and the method of apportionment thereof, and direct to whom the same shall be paid.

2. In the event the court is unable for any reason to determine the various interests in the award for the property appropriated, and in any other case as justice requires, it may, in and by its award and judgment direct the comptroller to deposit the amount awarded as compensation for the property appropriated in any bank in which moneys belonging to the fund from which such compensation is payable may be deposited, to the account of such award. In any case where the court has directed a deposit in accordance with this subdivision, the comptroller may, at his option, deposit such money in a sub-account of the eminent domain account established by section ninety-seven-dd of the state finance law. Any deposits made pursuant to this subdivision shall be paid and distributed to the persons entitled to the same as ordered by the supreme court on application of any person interested in such award.

N.Y. Court of Claims Law § 22