N.Y. Comp. Codes R. & Regs. tit. 9 § 1801.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 1801.2 - Acquisition in non-federally assisted projects

(a) Property may be acquired after submission to and approval by the commissioner of the following:

(1)

(i) Contracts for appraisal services, a statement regarding the acquisition program of any other public body in the area involved and the condemnation or acquisition activities contemplated to effect cost savings.

(ii) Two satisfactory independent appraisals for each parcel to be acquired.

(iii) If not included in the appraisals of the realty, a separate appraisal of the compensable damage to fixtures, machinery, or equipment, when involved in the taking of same.

(2) Maximum acquisition prices, as recommended by resolution of the governing body of the municipality or the Municipal Urban Renewal Agency.

(b) Property shall not be acquired unless:

(1) an acquisition map is submitted;

(2) satisfactory title reports and assurance of title have been obtained;

(3) inspection of the property is made immediately prior to acquisition;

(4) satisfaction of all liens affecting the property prior to or at the closing of title of a negotiated purchase is obtained;

(5) the governing body of the municipality or the Municipal Urban Renewal Agency approves the same or authorizes condemnation, after negotiation efforts have failed.

(c) The prior concurrence of the commissioner shall first be obtained before condemnation proceedings are instituted.

(d) Progress reports shall be furnished to the commissioner quarterly.

(e) Records and reports of the land acquisition program shall be maintained until a final review and audit has been made by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1801.2