§ 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.

Terms Used In N.Y. Real Property Actions and Proceedings Law 1806

  • 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.