RPAPL 1806 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1805 Security up ARTICLE 18 Special Proceeding For Release of Claim Against State of Infant or Incompetent For Appropriation of Real Property next SECTION 1807 Payment of compensation; release Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1806 Judgment Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 18 § 1806. Judgment. Upon examining into the truth of the allegations of the petition, and hearing the allegations and proofs of the parties, presented orally or by affidavit, as to the value of the interest of the infant, incompetent person or conservatee in the property so appropriated, including the legal damages caused by such appropriation, and the damages, if any, sustained by the entry upon, use or occupation of, or injury to such property by the state prior to completion of appropriation, and, upon inquiring into the facts and circumstances and duly considering the matter, if it shall appear to the satisfaction of the court that the amount of compensation offered to be paid by the state represents the fair market value of the property appropriated and just compensation for the legal damages caused by such appropriation and the damages, if any, sustained by the entry upon, use or occupation of, or injury to such property by the state prior to completion of appropriation, and that the interest of the infant, incompetent person or conservatee will be substantially promoted by releasing or joining with others in releasing any such claim for the amount of compensation offered therefor by the state, the court may render a judgment authorizing petitioner to enter into an agreement with the state, in such form as may be submitted by the state or any agency or department thereof, for the amount of compensation offered by the state and approved by the court and authorizing and directing petitioner to execute and deliver to the state a release of such claim and any documents or instruments as may be required by the state to give full effect to such release and authorizing and directing petitioner to receive the amount in full payment of such claim for compensation.