N.Y. Comp. Codes R. & Regs. tit. 2 § 121.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 121.1 - Claims for refund of abandoned condemnation awards

(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.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 121.1