§ 1801 SECTION 1801 Grounds
RPAPL § 1801
In any case, where the person entitled to compensation from the state, by reason of the appropriation by the state of real property, or of any easement therein, or of a term, estate, inchoate right of dower, or other right or interest in real property, and of legal damages caused by any such appropriation, and of damages sustained by any entry upon, use or occupation of, or injury to such real property by the state prior to completion of appropriation, is an infant, a person incompetent to manage his affairs by reason of mental illness or other cause, or a conservatee as designated in article seventy-seven of the mental hygiene law, and whose interest in such real property or rights thereunder as aforementioned is not governed by a trust expressed in a will creating the estate nor subject to a valid power of sale contained in such will which does not expressly prohibit the giving of a release to the state because of such appropriation, a special proceeding may be commenced in the county where the appropriated property or a part thereof is situated, for leave to release to the state the claim for compensation of such infant, incompetent person or conservatee, in the manner provided in this article, for the amount of consideration therefor offered by the state. This article shall also apply to the contingent interest of an infant not in being.
