Current through Register Vol. 46, No. 12, March 20, 2024
(a) Claims less than $500.
(1) Every claimant to an award less than $500
shall be required to submit:
(i) a petition as
hereinafter described;
(ii) a
certified copy of the instrument by which he or she acquired title;
and
(iii) a certified copy of the
damage parcel map.
The claimant shall be required to annex to his petition
copies of all papers involved in the chain of title for the 20 years
immediately prior to the condemnation. The claimant must serve copies of the
petition upon all interested parties so that all persons having adverse claims
may present such claims to the State Comptroller in advance of his final
determination. The petition referred to above must be verified, and set forth
the true name and residence address of the claimant. The petition should recite
in detail the basis of the claim and complete chain of title to the property
covered by the award in question for at least 20 years prior to the time title
vested in the condemnor or the date of the last full covenant and warranty
deed, if there has been no such conveyance within the 20-year period. The
petition should contain a recital that the claimant has not assigned the award
and the said petition is made for the purpose of inducing the State Comptroller
to pay over the award in question. Petition forms are available upon request
from the Office of the State Comptroller, Division of Legal Services, 110 State
Street, Albany, NY 12236-0001.
(2) No claim for payment of an award less
than $500 shall be approved until the Attorney General shall certify to the
State Comptroller that he has caused the records of the appropriate registry
office to be examined, and that the instrument relied upon as the source of the
claimant's title is on record and appears to evidence title of the claimant at
the date of vesting in the condemnor in the premises taken or
damaged.
(b) Claims $500
and over.
(1) A claimant to an award of $500
or more, which was held by the condemnor for the benefit of a known person or
persons, shall, in addition to the petition as recited in subdivision (a) of
this section, furnish an abstract of title going back 40 years from the date of
vesting of title in the condemnor, by a title company or an abstract company
authorized to make title searches in this State. No such claim shall be
approved unless the Attorney General shall first certify to the State
Comptroller that the claimant or his predecessor in interest had good title to
the parcels, the taking of or damage to which was the basis of the award. Also,
a certified copy of the damage map relating to the damage parcel involved must
accompany the petition. The claimant must serve copies of said petition
referred to upon all interested parties as stated in subdivision (a) of this
section.
(2) Claim to any abandoned
condemnation award, which was held by the condemnor for the benefit of an
unknown person or persons, or, where a claimant seeks to enforce an equitable
lien upon an award which was held by the condemnor, must be pursued in Supreme
Court for the county in which the condemned property is located, pursuant to
section
1406(6) of the Abandoned
Property Law.
