State Codes and Statutes

Statutes > New-york > Rpa > Article-18 > 1804

§  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.    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.

State Codes and Statutes

Statutes > New-york > Rpa > Article-18 > 1804

§  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.    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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-18 > 1804

§  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.    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.