Frequently Asked Questions
Q: What is an easement?
A: An easement is an interest in real property owned by another, which entitles the easement holder to a specific limited use on or under the property. Easements exist where public utilities, sidewalks, and other publicly owned facilities cross private property. To complete the construction of the Project, we anticipate that New York State, through the Department of Environmental Conservation (Department), will need to acquire easements on public and private land.
Q: How does the Department acquire property?
A: The Department will acquire only the real property determined necessary for the Project after thorough planning that includes public comment. The public will be invited to attend meetings as part of the overall process.
If it is determined that an easement will need to be acquired on your property, the Department will send you a letter notifying you of its intent to acquire an easement. In addition, you will be contacted to schedule an individual meeting with Department staff to discuss the acquisition. Shortly after receiving notice, an acquisition map will be prepared, which shows in detail the extent of the easement needed on your property. An appraisal will also be prepared, which will form the basis of an offer of just compensation. If you do or do not accept the offer, the Department will file the acquisition map, and you will have the right to contest the amount of compensation in an appropriate Court.
Q: Will you need access to my property before construction begins?
A: Upon the finalization of the construction route, the Department will undertake work to accurately identify and confirm properties that will require an easement, including a survey of your property by a licensed land surveyor. During this time, an appraiser may require access to the property to determine the fair market value of any easement being acquired on the property.
Q: Do I have to allow the surveyor and appraiser onto my property?
A: After a determination has been made following public hearing that a particular property interest needs to be acquired for a project, New York State Eminent Domain Procedure Law allows all licensed surveyors and appraisers a right-of-entry onto private land. The Department will work with property owners and provide advance notice by mail of any upcoming survey and appraisal work.
Q: What are the different types of easements needed for the Bay Park Project?
A: There are three types of easements that will be necessary for this Project—temporary surface, permanent surface, and permanent subsurface. Homeowners will only be asked for permanent subsurface easements, which are far underground, 20 feet or more below the surface. Permanent surface easements are for permanent structures on the surface of land and will only be located on public land. Temporary easements will grant the Department use of land for specified periods of time (during construction, for example), while permanent easements will exist in perpetuity or until such time as they no longer serve a public purpose.
Q: If an easement is needed on my property, will it limit my ability to enjoy my property now or in the future?
A: Permanent subsurface easements will be located 20 feet or more beneath your property. As such, we do not anticipate any impact before, during, or after installing the pipe underground. However, the easement will not allow you to take any action on your property that requires you to do any subsurface work at the depth of the subsurface easement. Temporary surface easements will only be located on nonresidential properties and will only impact the use of those properties during a limited construction period after which the temporary structure will be removed.
Q: Can you move the pipe or structures somewhere else?
A: The final construction route selected will be the route with the least impacts to the environment, the public, and property owners, and the route that is the most effective way to achieve the Project goals and objectives. For this reason, residential properties for this Project will only have permanent subsurface easements substantially beneath residential structures. Private non-residential properties may have permanent subsurface easements and temporary surface easements during a limited construction period.
Q: When the pipe is being installed underground, does the construction company have the right to walk across my property?
A: During the construction phase, for properties that require only a subsurface easement, the Design-Build contractor will be tunneling deep underneath the surface and will not need to access the surface of your property. However, for those properties that require a temporary or permanent surface easement, the Design-Build contractor will require access across the property for construction purposes.
Q: How do you determine the compensation I will receive for the easement on my property?
A: The law requires that each property owner receive compensation based on the Fair Market Value of the property acquired. Before the offer is prepared, the County will hire a New York State Certified Real Estate Appraiser, who will conduct an appraisal of your property and determine the loss in value of your property due to the easement being placed on the property. This valuation will be the basis upon which the Department will make you an offer of compensation.
Q: What if I disagree with the value the Department is offering for the easement?
A: Property owners have the right to disagree with the appraisal. Offers will be made based on the Department’s appraisal and prior to the filing of final acquisition maps. If a property owner accepts the initial offer, they will be paid that amount by the Department. If a property owner rejects the offer, they will have an opportunity to negotiate or file a claim for compensation during the applicable statute of limitations, which is three years from the date of filing the final acquisition map.
Q: Can I receive any part of the easement value of my property if I disagree with the offer and wish to go to Court?
A: Yes. If you do not agree with the amount of compensation offered, you may accept the initial offer amount as an advanced payment. In this case, you will receive the amount of the offer around the time the acquisition maps are filed with the County Clerk. You may thereafter file a claim in the appropriate court during the applicable statute of limitations, which is three years from the date of filing the final acquisition map.
Q: Will I incur any costs related to the acquisition of my property?
A: No. The Department will pay for all costs related to its acquisition of the easement. In addition, the Department will incur all costs related to the preparation of documents necessary for payment of the compensation at no expense to you.
Q: May I have someone represent me during the acquisition process?
A: Yes. If property owners would like to have an attorney or anyone else represent them during any part of the acquisition process, they should inform the Department in writing. Property owners are responsible for the cost of their legal counsel and appointed representatives.
Q: Can someone show me where the easement on my property will be located?
A: Yes. Once it has been determined that an easement will need to be acquired on your property, a Department real estate specialist will reach out to you to schedule an individual meeting regarding the acquisition process. During this meeting you will be shown where the easement will be located on your property.
Q: Who can I contact for further questions regarding the acquisition process or the Project?
A: The contact for questions about the Department’s easement process is: Bradford D. Burns, Esq., New York State Department of Environmental Conservation, bradford.burns@dec.ny.gov. For information about the Project, visit the Project website at: BayParkConveyance.org, where you may also submit questions.