Abandoned Property - Escheat of Real Property - Claims against state


Published: 2014-09-22

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§ 215. Claims against state. Where an action has been commenced and
final judgment in favor of the people entered therein by reason of the
escheat of real property to the people and the said property has been
sold pursuant to section two hundred four, any party or parties thereto,
or their successors in interest, who, but for the rendering of such
final judgment would have been entitled to such real property, or an
interest therein, shall have a claim against the state for the value of
such real property or interest therein at the time of the entry of such
judgment, but no such claim shall exist in favor of such party or
parties or their successors in interest unless a petition therefor shall
have been filed as hereinafter provided within fifteen years from the
date of entry of such final judgment unless such party or parties to
such ejectment action shall have been, at the time of the commencement
of such action or entry of final judgment, incompetent to conduct his or
her affairs by reason of mental illness or mental retardation or have
been under the age of eighteen years, or be imprisoned in execution upon
conviction of a criminal offense, in which event the period of such
disability shall not be deemed to be a part of the time limited within
which such petition may be filed. Such party or parties, or their
successors in interest shall petition the commissioner of general
services for payment of the sum or a part thereof received by the state,
upon the sale made pursuant to section two hundred four, and the said
commissioner if satisfied that the claim is just and is made by a party
who, except for the entry of final judgment in an action authorized by
section two hundred one would have been entitled to the real property or
an interest therein affected by said action, may certify such facts to
the court of claims, whereupon that court is empowered and authorized to
determine the amount of such claim or claims and award judgment
therefor, the total of which in no event shall exceed the amount
received by the people upon the sale of said real property pursuant to
section two hundred four.