New York · statute · N.Y. Eminent Domain Procedure Law · 58 active provisions
CHAPTER 839 AN ACT to establish the eminent domain procedure law, constituting chapter seventy-three of the consolidated laws, and to repeal the condemnation law, relating to the acquisition, by condemnation, of real property for a public use Became a law August 11, l977, with the approval of the Governor. Passed by a…
ARTICLE 1 PURPOSE; SHORT TITLE; DEFINITIONS; APPLICABILITY Section 101. Purpose. 102. Short title. 103. Definitions. 104. Applicability.
§ 101. Purpose. It is the purpose of this law to provide the exclusive procedure by which property shall be acquired by exercise of the power of eminent domain in New York state; to assure that just compensation shall be paid to those persons whose property rights are acquired by the exercise of the power of eminent do…
§ 102. Short title. This chapter shall be known as the eminent domain procedure law and may be cited as "EDPL".
§ 103. Definitions. As used in this law: (A) "Acquisition" means the act of vesting of title, right or interest to, real property for a public use, benefit or purpose, by virtue of the condemnor's exercise of the power of eminent domain. (B) "Acquisition map" means the representation of the real property acquired by ei…
§ 104. Applicability. The eminent domain procedure law shall be uniformly applied to any and all acquisitions by eminent domain of real property within the state of New York.
ARTICLE 2 DETERMINATION OF THE NEED AND LOCATION OF A PUBLIC PROJECT PRIOR TO ACQUISITION Section 201. Public hearings. 202. Notice. 203. Conduct of the public hearing. 204. Determination and findings. 205. Amendments for field conditions. 206. Exemptions. 207. Judicial review. 208. Jurisdiction of courts.
§ 201. Public hearings. Except as provided herein, prior to acquisition, the condemnor, in order to inform the public and to review the public use to be served by a proposed public project and the impact on the environment and residents of the locality where such project will be constructed, shall conduct a public hear…
§ 202. Notice. (A) Where a public hearing is required by this article the condemnor shall give notice to the public of the purpose, time and location of its hearing setting forth the proposed location of the public project including any proposed alternate locations, at least ten but no more than thirty days prior to su…
§ 203. Conduct of the public hearing. At the public hearing the condemnor shall outline the purpose, proposed location or alternate locations of the public project and any other information it considers pertinent, including maps and property descriptions of the property to be acquired and adjacent parcels. Thereafter,…
§ 204. Determination and findings. (A) The condemnor, within ninety days after the conclusion of the public hearings held pursuant to this article, shall make its determination and findings concerning the proposed public project and shall publish a brief synopsis of such determination and findings in at least two succe…
§ 205. Amendments for field conditions. Subsequent to publishing its determination and findings and only in the event that further study of field conditions warrant, the condemnor shall have the right to make amendments or alterations in its proposed public project to accommodate such field conditions. Such amendments…
§ 206. Exemptions. The condemnor shall be exempt from compliance with the provisions of this article when: (A) pursuant to other state, federal, or local law or regulation it considers and submits factors similar to those enumerated in subdivision (B) of section two hundred four, to a state, federal or local government…
§ 207. Judicial review. (A) Any person or persons jointly or severally, aggrieved by the condemnor's determination and findings made pursuant to section two hundred four of this article, may seek judicial review thereof by the appellate division of the supreme court, in the judicial department embracing the county wher…
§ 208. Jurisdiction of courts. Except as expressly set forth in section two hundred seven, and except for review by the court of appeals of an order or judgment of the appellate division of the supreme court as provided for therein, no court of this state shall have jurisdiction to hear and determine any matter, case o…
ARTICLE 3 OFFER AND NEGOTIATIONS Section 301. Policy. 302. Appraisals; prevesting discovery. 303. Offer. 304. Advance payment; actions thereafter. 305. Use and occupancy.
§ 301. Policy. The condemnor, at all stages prior to or subsequent to an acquisition by eminent domain of real property necessary for a proposed public project shall make every reasonable and expeditious effort to justly compensate persons for such real property by negotiation and agreement.
§ 302. Appraisals; prevesting discovery. Real property to be acquired by the exercise of the power of eminent domain shall be appraised on behalf of the condemnor by an appraiser. In order to adequately prepare such appraisal upon which the condemnor's offer is based, the condemnor shall have the right to inspect such…
§ 303. Offer. The condemnor shall establish an amount which it believes to represent just compensation for the real property to be acquired. The condemnor shall make a written offer to acquire the property for one hundred per centum of the valuation so established. In no event shall such amount be less than the condemn…
§ 304. Advance payment; actions thereafter. (A) The written offer, or any adjustment thereof made prior to acceptance, shall state that: (1) the offer constitutes the amount of the condemnor's highest approved appraisal of the just compensation for the property, and that payment will be made together with appropriate i…
§ 305. Use and occupancy. (A) A condemnee, tenant or other person holding, using or occupying property acquired pursuant to this chapter, shall be liable to the condemnor for the fair and reasonable value of such holding, use or occupancy from the date of acquisition to the date the property is vacated and possession s…
ARTICLE 4 VESTING; POSSESSION; ABANDONMENT Section 401. Time for acquisition. 402. Filing of acquisition maps; vesting. 403. Names of reputed condemnees. 404. Right of entry prior to acquisition. 405. Possession. 406. Abandonment.
§ 401. Time for acquisition. (A) The condemnor may commence proceedings under this article to acquire the property necessary for the proposed public project up to three years after conclusion of the later of: (1) publication of its determination and findings pursuant to section two hundred four, or (2) the date of the…
§ 402. Filing of acquisition maps; vesting. (A) In all acquisitions under the court of claims jurisdiction provided in subdivision (A) of section five hundred one herein, prior to acquiring property, the state of New York, within the time prescribed by section four hundred one of this law, shall: (1) file in the main o…
§ 403. Names of reputed condemnees. The condemnor shall deliver to its appropriate legal officer or attorney, (who shall be in acquisitions pursuant to subdivision (A) of section five hundred one, the state attorney general) a copy of such acquisition map, whereupon it shall be the duty of such legal officer or attorne…