N.Y. Real Property Actions and Proceedings Law 1804 – Contents of petition
§ 1804. Contents of petition. The petition shall state: 1. The name and residence of the petitioner, the facts concerning his appointment and qualification as a person by whom the proceeding is maintainable, and a statement as to the amount of any existing undertaking given by him in such capacity then in force and effect, whether or not any such existing undertaking includes the value of the property appropriated. If an undertaking had been dispensed with by the surrogate in any case where such property was derived by the infant through his father or mother under the instrument by which a guardian was appointed, such fact shall be disclosed to the court.
Terms Used In N.Y. Real Property Actions and Proceedings Law 1804
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
2. The name, age and residence of the infant, incompetent or conservatee.
3. The particulars with regard to such appropriation, including the nature and extent of the property appropriated and a description.
If a survey map has been filed in the appropriation proceeding, a copy of such a map shall be attached to and made part of the petition.
4. The nature and extent of the property, if any, entered upon, used, occupied or injured by the state prior to completion of such appropriation.
5. The amount offered by the state in full compensation.
6. The facts in relation to the value of the interest to be released.
7. Whether any previous application has been made, and, if so, the time and disposition.
8. Where the value of the claim does not exceed one thousand dollars, that either the petitioner or a competent, disinterested person acquainted with the facts, whose affidavit is made a part of the petition, has made a careful investigation of the facts relating to the offer, and that as a result of such investigation he has found and verily believes that the amount of compensation so offered by the state, for the interest or undivided interest of said infant, incompetent person, or conservatee represents the fair market value of the property appropriated and just compensation therefor and 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. In any case involving an infant of the age of fourteen years or upwards or a conservatee, his written consent to the acceptance in his behalf of the amount so offered shall accompany the petition, unless the aforesaid infant is classed in the petition as an incompetent person, in which event such consent shall not be required.