N.Y. Parks Rec. & Hist. Preserv. Law § 19.18

Current through 2024 NY Law Chapter 457

Section 19.18 - Acquiring title to undocumented property

Notwithstanding any other provision of law regarding abandoned or lost property the office may acquire title to undocumented property held by the office for at least five years as follows:

1. The office must give notice by publication that it is asserting title to the undocumented property.

2. In addition to the information described in section 19.16 of this article, the notice shall be entitled "Notice of Intent to Acquire Title to Property" and must include a statement containing substantially the following information: "The records of the office of parks, recreation and historic preservation fail to indicate the owner of record of certain property in its possession. The office hereby asserts its intent to acquire title to the following property: (general description of property). If you claim ownership of this property, you must submit written proof of ownership to the office and make arrangements to collect the property. If you fail to do so within one hundred eighty days, the office will commence proceedings to acquire title to the property. If you claim an interest in the property but do not possess written proof of such interest, you should submit your name and address and a written statement of your claim to (name of contact), within one hundred eighty days, in order to receive notice of any legal proceedings concerning the property. If you wish to commence legal proceedings to claim the property, you should consult your attorney.

3. If after one hundred eighty days following the last date of publication of such notice no claimant has responded thereto by submitting written proof of ownership of the property to the office, or if there is a dispute between the office and any claimant as to ownership of the property, at the request of the commissioner, the attorney general may make an application to the supreme court pursuant to article thirty of the civil practice law and rules for a declaratory judgment to determine the office's rights in the property.

N.Y. Parks Rec. and Hist. Preserv. Law § 19.18