Excess Lands Acquisition Procedure

NYC Admin. Code tit. 5, ch. 3, subch. 2

in effect

NYC Admin. Code § 5-341 Definitions.

§ 5-341 Definitions. As used in this subchapter, unless otherwise expressly stated, or unless the context or subject matter otherwise requires, the following terms shall mean: 1. "Improvement": The laying out, widening, extending or relocating a park, public place, highway or street, or the acquisition of title to real property required for laying out, widening, extending or relocating a park, public place, highway or street. 2. "Excess lands", or "additional lands", or "additional real property": The real property in addition to the real property needed or required for laying out, widening, extending or relocating a park, public place, highway or street.

NYC Admin. Code § 5-342 Construction.

§ 5-342 Construction. The provisions of this subchapter shall be construed as supplementing and extending the effect of the provisions of subchapter one of this chapter so as to provide for the acquisition of title to additional lands in connection with an improvement and nothing in this subchapter contained shall be construed as limiting the effect of the provisions of such subchapter one in their application to the acquisition of title to real property required for an improvement when acquired in a proceeding in which additional lands shall or shall not be acquired, except as the provisions of such subchapter one are in this subchapter expressly so limited in their application.

NYC Admin. Code § 5-343 Power to condemn excess lands.

§ 5-343 Power to condemn excess lands. The city, in acquiring real property for any improvement, may acquire more real property than is needed for the actual construction of the improvement. The mayor may authorize the city to acquire additional real property in connection with any improvement, and direct that the same be acquired with the real property to be acquired for the improvement. Such additional real property, however, shall be not more than sufficient to form suitable building sites abutting on the improvement. The title which the city shall acquire to additional real property shall in every case be a fee simple absolute. Additional real property shall be acquired by the city in connection with a street improvement only when the title acquired for the improvement shall be in fee. When the mayor shall have authorized the acquisition of title to additional real property in connection with an improvement, title to such additional real property shall be acquired by the city in the manner and according to the procedure, except in such respects as in this subchapter set forth, provided for the acquisition of title to the real property required for the improvement and in the same proceeding in which title to the real property required for the improvement shall be acquired; except further that such acquisition shall be made in compliance with the appropriate provisions of the eminent domain procedure law.

NYC Admin. Code § 5-344 Amendment of improvement proceeding to include or exclude excess lands.

§ 5-344 Amendment of improvement proceeding to include or exclude excess lands. After the institution of a proceeding for an improvement, the mayor may amend the proceeding by authorizing the acquisition of lands additional to those required for the improvement, provided that title shall not have vested in the city to any parcel of real property to be acquired for the improvement within the block, between legally existing public streets, embracing the additional lands sought to be acquired. The mayor may also amend any proceeding so as to exclude any or all additional lands being acquired in the proceeding, provided title to such additional lands shall not have vested in the city. Thereafter the proceeding shall be conducted in the same manner as if the additional lands included or excluded by the amendment had been included or had not been included in the proceeding at the time of the institution thereof.

NYC Admin. Code § 5-345 Damage maps to be prepared.

§ 5-345 Damage maps to be prepared. When the mayor shall authorize the acquisition of additional real property in connection with any improvement, the mayor shall cause to be prepared and shall approve a map showing the real property to be acquired for the improvement and such additional real property in connection with the real property to be acquired for the improvement, and such map shall be filed, prior to the application to condemn the same, as follows: One copy thereof in the office in which conveyances of real property are required by law to be recorded in each county in which the real property or any part thereof shown on such map is situated; one copy thereof in the office of the corporation counsel; one copy thereof in the office of the president of each borough in which the real property or any part thereof shown on such map is situated; and one copy thereof in the office of the mayor.

NYC Admin. Code § 5-346 Petition and notice.

§ 5-346 Petition and notice. When the mayor shall have authorized the acquisition of additional real property in connection with any improvement, such additional real property shall be separately described in the notice of application to condemn by the supreme court and in the petition presented on any such application, and separately shown on the rule map attached to the petition and on the damage map in the proceeding, and such notice and petition shall state what part of the real property to be condemned is required for the improvement, and what part thereof is to be acquired as additional real property. The acquisition of such additional real property, when authorized by the mayor, shall be deemed to be for a public purpose.

NYC Admin. Code § 5-347 Vesting of title; seizing; possession.

§ 5-347 Vesting of title; seizing; possession. a. In a proceeding in which additional real property shall be acquired, the mayor shall direct that on the date of entry of the order granting the application to acquire by the supreme court the title to the whole but not less than the whole of such additional real property to be acquired in the proceeding shall vest in the city. Such order shall also direct the vesting in such city, simultaneously, of the title to all of the real property being acquired in the proceeding for the improvement. In a proceeding involving the acquisition of title to additional real property required for a street, highway or public place, however, the mayor shall not be required to vest, at one time, the title to all the additional real property to be acquired, provided that: 1. In vesting title to parts of such additional real property every such part shall be of at least a block length along the improvement, and no fractional portion of a block shall be contained in any such part, and 2. The mayor shall also direct that all the real property required for the street, highway or public place in such block or blocks shall vest in the city simultaneously. b. Upon the date of the entry of the order granting the application to acquire, the city shall be and become seized in fee simple absolute to such additional real property. The reversal on appeal of the final decree, or of any part thereof, shall not operate to divest the city of title to any of the real property so acquired. In a proceeding in which excess lands shall be acquired, the mayor shall not have power to direct the vesting of title in the city to the real property required for the improvement without also directing the vesting of title in the city, simultaneously, to the excess lands being acquired in the proceeding in connection with the improvement, except that the mayor may direct, in the manner provided in subdivision a of this section, that title to the real property required for a street, highway or public place shall vest in the city in any block of such street, highway or public place abutting which no excess lands are taken. c. In any proceeding in which excess lands shall be acquired, when title to any part less than the whole of the real property required for the street, highway or public place in any one block thereof, between legally existing public streets, shall vest in the city, title to the remainder of the real property required for the street, highway or public place in the same block and title to the additional lands to be acquired in the proceeding abutting on the street, highway or public place in the same block, shall vest in the city simultaneously. The reversal on appeal of the final decree of the court, or of any part thereof, shall not operate to divest the city of title to any of the real property so acquired for the street, highway or public place in the same block or to the additional lands abutting thereon. d. Upon the vesting of title, as in this section provided, to any such additional lands and to lands required for the improvement, the city, or any person acting under its authority, may immediately, or at any time thereafter, take possession of the additional lands so vested and of the real property required for the improvement so vested, or any part or parts thereof, in accordance with the provisions of the eminent domain procedure law pertaining to possession.

NYC Admin. Code § 5-348 Ascertainment of damages where part of parcel is taken for an improvement and remainder as excess lands.

§ 5-348 Ascertainment of damages where part of parcel is taken for an improvement and remainder as excess lands. a. Where part of a parcel of real property shall be acquired for an improvement, and the remainder or a portion of the remainder of such parcel in the same ownership shall be acquired in the same proceeding as excess lands, the portion of the damages due to the acquisition of the real property required for the improvement shall be determined and stated separately from the entire damage due to each such owner. In determining the damages due to the acquisition of so much of such parcel as may be required for the improvement, the same rule shall be applied as would govern the determination of damages for the taking of the real property required for the improvement in case no excess lands were acquired. Where part of a parcel of real property shall be acquired for the improvement, and the remainder or a portion of the remainder thereof in the same ownership shall be acquired in the same proceeding as excess lands, the damages due to the acquisition of title to the real property required for the improvement, shall, in every case, equal the amount which would be awarded to such owner in case only that part of his or her real property, which shall be required for the improvement, were acquired. b. Nothing in this section contained shall be construed to authorize the award to an owner, part of whose real property is taken for the improvement, and the remainder or a portion of the remainder of whose property is taken as additional lands, any greater amount of compensation than such owner shall be entitled to by reason of the taking of his or her real property for the improvement and as additional lands, considered together as one parcel.

NYC Admin. Code § 5-349 Payments of awards and interest.

§ 5-349 Payments of awards and interest. The provisions of subchapter one of this chapter relative to the payment by the comptroller of sums awarded as damages and interest thereon, and to the advance payment on account of such damages, and relative to the assignment or pledge of awards, shall apply to awards or damages for the taking of additional lands. Interest on the entire amount due to the owner for the real property acquired for the improvement, or for the excess lands, or for both, from the date of the vesting of title thereto to the date of the final decree shall be awarded as a part of such owner's compensation.

NYC Admin. Code § 5-350 Sale and lease of acquired excess lands.

§ 5-350 Sale and lease of acquired excess lands. a. After title to the real property required for the improvement, and to the additional lands, shall have vested in the city, the additional lands may be either held and used by the city, or sold or leased in the manner provided by the charter as long as consistent with the provisions of section four hundred six of the eminent domain procedure law. The board of estimate may provide that such additional lands shall be sold or leased subject to such restrictions, covenants or conditions as to location of buildings with reference to the real property acquired for the improvement, or the height of buildings or structures, or the character of construction and architecture thereof, or such other covenants, conditions or restrictions as it may deem proper. Such additional lands shall be sold or leased subject to such restrictions, covenants or conditions, if any, as the board of estimate may have prescribed, which shall be set forth in the instrument of conveyance or lease. b. Nothing in subdivision b of section three hundred eighty-four of the charter limiting the term of leases by the city to a different period shall apply to a lease by the city, acting through the board of estimate, of such additional real property for housing purposes, including stores on the street level.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-2383Fetched: 10/24/2026