Title EDP, Eminent Domain Procedure

§ 101. Purpose. It is the purpose of this law to provide the exclusive\nprocedure by which property shall be acquired by exercise of the power\nof eminent domain in New York state; to assure that just compensation\nshall be paid to those persons whose property rights are acquire…

§ 102. Short title. This chapter shall be known as the eminent domain\nprocedure law and may be cited as "EDPL".\n

§ 103. Definitions. As used in this law:\n (A) "Acquisition" means the act of vesting of title, right or interest\nto, real property for a public use, benefit or purpose, by virtue of the\ncondemnor's exercise of the power of eminent domain.\n (B) "Acquisition map" means the rep…

§ 104. Applicability. The eminent domain procedure law shall be\nuniformly applied to any and all acquisitions by eminent domain of real\nproperty within the state of New York.\n

§ 201. Public hearings. Except as provided herein, prior to\nacquisition, the condemnor, in order to inform the public and to review\nthe public use to be served by a proposed public project and the impact\non the environment and residents of the locality where such project will…

§ 202. Notice. (A) Where a public hearing is required by this article\nthe condemnor shall give notice to the public of the purpose, time and\nlocation of its hearing setting forth the proposed location of the\npublic project including any proposed alternate locations, at least …

§ 203. Conduct of the public hearing. At the public hearing the\ncondemnor shall outline the purpose, proposed location or alternate\nlocations of the public project and any other information it considers\npertinent, including maps and property descriptions of the property to\nb…

§ 204. Determination and findings. (A) The condemnor, within ninety\ndays after the conclusion of the public hearings held pursuant to this\narticle, shall make its determination and findings concerning the\nproposed public project and shall publish a brief synopsis of such\ndet…

§ 205. Amendments for field conditions. Subsequent to publishing its\ndetermination and findings and only in the event that further study of\nfield conditions warrant, the condemnor shall have the right to make\namendments or alterations in its proposed public project to accommo…

§ 206. Exemptions. The condemnor shall be exempt from compliance with\nthe provisions of this article when:\n (A) pursuant to other state, federal, or local law or regulation it\nconsiders and submits factors similar to those enumerated in subdivision\n(B) of section two hundred…

§ 207. Judicial review. (A) Any person or persons jointly or\nseverally, aggrieved by the condemnor's determination and findings made\npursuant to section two hundred four of this article, may seek judicial\nreview thereof by the appellate division of the supreme court, in the\n…

§ 208. Jurisdiction of courts. Except as expressly set forth in\nsection two hundred seven, and except for review by the court of appeals\nof an order or judgment of the appellate division of the supreme court\nas provided for therein, no court of this state shall have jurisdict…

§ 301. Policy. The condemnor, at all stages prior to or subsequent to\nan acquisition by eminent domain of real property necessary for a\nproposed public project shall make every reasonable and expeditious\neffort to justly compensate persons for such real property by\nnegotiati…

§ 302. Appraisals; prevesting discovery. Real property to be acquired\nby the exercise of the power of eminent domain shall be appraised on\nbehalf of the condemnor by an appraiser. In order to adequately prepare\nsuch appraisal upon which the condemnor's offer is based, the con…

§ 303. Offer. The condemnor shall establish an amount which it\nbelieves to represent just compensation for the real property to be\nacquired. The condemnor shall make a written offer to acquire the\nproperty for one hundred per centum of the valuation so established. In\nno eve…

§ 304. Advance payment; actions thereafter. (A) The written offer, or\nany adjustment thereof made prior to acceptance, shall state that:\n (1) the offer constitutes the amount of the condemnor's highest\napproved appraisal of the just compensation for the property, and that\npa…

§ 305. Use and occupancy. (A) A condemnee, tenant or other person\nholding, using or occupying property acquired pursuant to this chapter,\nshall be liable to the condemnor for the fair and reasonable value of\nsuch holding, use or occupancy from the date of acquisition to the d…

§ 401. Time for acquisition. (A) The condemnor may commence\nproceedings under this article to acquire the property necessary for the\nproposed public project up to three years after conclusion of the later\nof:\n (1) publication of its determination and findings pursuant to sec…

§ 402. Filing of acquisition maps; vesting. (A) In all acquisitions\nunder the court of claims jurisdiction provided in subdivision (A) of\nsection five hundred one herein, prior to acquiring property, the state\nof New York, within the time prescribed by section four hundred on…

§ 403. Names of reputed condemnees. The condemnor shall deliver to its\nappropriate legal officer or attorney, (who shall be in acquisitions\npursuant to subdivision (A) of section five hundred one, the state\nattorney general) a copy of such acquisition map, whereupon it shall …

§ 404. Right of entry prior to acquisition. The condemnor, its\nofficers, agents or contractors when acquiring real property in\naccordance with this law, or when engaged in work connected with a\nproposed public project, as described in this law, shall have the right\nto enter …

§ 405. Possession. (A) If the condemnor has a right to possession of\nreal property as provided for in this law, and the condemnor shall deem\nit necessary to cause the removal of a condemnee or other occupant it\nmay cause such condemnee or other occupant to be removed therefro…

§ 406. Abandonment. (A) If, after an acquisition in fee pursuant to\nthe provisions of this chapter, the condemnor shall abandon the project\nfor which the property was acquired, and the property has not been\nmaterially improved, the condemnor shall not dispose of the property …

§ 501. Jurisdiction. (A) The court of claims shall have exclusive\njurisdiction to hear and determine all claims arising from the\nacquisition of real property by or in the name of the people of the\nstate of New York, or when jurisdiction is specifically conferred upon\nit by s…

§ 502. Service of notice of acquisition. (A) In all acquisitions in\nwhich the court of claims has jurisdiction under subdivision (A) of\nsection five hundred one, and provided certification pursuant to section\nfour hundred three of this law has been made, the condemnor, within…

§ 503. Filing and service of claims; notice of appearance. (A) In a\nclaim for damages arising from the acquisition of real property under\nsubdivision (A) of section five hundred one herein, a condemnee shall\nfile within three years after service of the notice of acquisition o…

§ 504. Content of claim, or notice of appearance. The claim, or notice\nof appearance shall include:\n (A) the name and post office address of the condemnee;\n (B) reasonable identification by reference to the acquisition map or\notherwise, of the property affected by the acquis…

§ 505. Proof of title; conflicting claims. (A) Each condemnor shall\nreceive proof of title to property acquired together with proof of liens\nor encumbrances thereon, prior to trial.\n (B) Where a condemnor disputes a condemnee's title or a right to all\nor a portion of an awar…

§ 506. Note of issue; statement of readiness. In all acquisitions\nunder subdivision (B) of section five hundred one, the condemnor after\nexpiration of the period of time provided pursuant to subdivision (B) of\nsection five hundred two, shall serve and file a note of issue in\…

§ 507. Answer; affirmative defenses. In all acquisitions under\nsubdivision (A) of section five hundred one the condemnor shall not be\nrequired to interpose an answer or plead affirmative defenses.\n

§ 508. Filing of appraisals; reports of other expert witnesses. In all\nproceedings hereunder, the respective judicial departments and the court\nof claims, shall adopt rules governing the time for filing and exchange\nof the written appraisal reports; provided, however, that in…

§ 509. Pretrial conferences. Upon the call of the trial calendar the\njustice or judge presiding may prepare a pretrial conference calendar of\nproceedings. A pretrial conference may be held in each such proceeding.\nEach judicial department and the court of claims shall adopt r…

§ 510. View. (A) The trial court shall view the property in all\nclaims, unless waived by stipulation of the parties. The parties to the\nsuit or claim, may attend the viewing by the court at a time scheduled\nby the court.\n (B) When the property or improvements acquired are to…

§ 511. Joint or consolidated trials. (A) In proceedings under\nsubdivision (A) of section five hundred one, two or more acquisition\nclaims arising from the same project may, at the discretion of the\ncourt, be heard and determined by the court in one trial or proceeding.\nWhen …

§ 512. Decision of the court. The court, after hearing the testimony\nand weighing the evidence, shall determine the compensation due the\ncondemnees for damages as the result of the acquisition. The court's\ndecision shall be in compliance with section four thousand two hundred…

§ 513. Judgment. The decision of the court shall direct preparation\nand entry of an appropriate judgment.\n

§ 514. Interest; suspension. (A) Subject to the provisions of this\nchapter, a condemnee shall be entitled to lawful interest from the date\nof acquisition to the date of payment. If it is determined that the\ncondemnor has in fact acquired the property prior to or without the\n…

§ 601. Applicability. (A) When the total compensation demanded by all\ncondemnees having an interest in a particular property being acquired is\ntwenty-five thousand dollars or less, exclusive of interest, a condemnee\nmay, within the time prescribed by section five hundred thre…

§ 602. Conduct of hearing. At the hearing, a stenographic record shall\nbe made and the respective parties shall present to the court evidence\nto support their positions. The parties need not be represented by an\nattorney nor present expert witnesses, nor shall the rules of ev…

§ 603. Court decision. The court shall file its decision with the\nclerk of the court. The decision shall direct the clerk of the court to\nenter the decision together with an appropriate entry for lawful\ninterest as the final judgment. The clerk shall serve a copy of the\njudg…

§ 604. Appeals. Any party to an action pursuant to this article may\nappeal on the sole ground that substantial justice has not been\naccomplished between the parties according to the rules and principles\nof substantive law.\n

§ 701. Additional allowance. In instances where the order or award is\nsubstantially in excess of the amount of the condemnor's proof and where\ndeemed necessary by the court for the condemnee to achieve just and\nadequate compensation, the court, upon application, notice and an…

§ 702. Incidental expenses. (A) The condemnor shall reimburse a\ncondemnee an amount separately computed and stated, representing the\nfollowing incidental expenses:\n (1) any recording fees, transfer taxes and other similar expenses in\nconnection with the acquisition of the pr…

§ 703. Application of CPLR. The civil practice law and rules shall\napply to practice and procedure in proceedings under this law except\nwhere other procedure is specifically provided by this law or rules\ngoverning or adopted by the appropriate court.\n

§ 704. Severablilty. If any clause, sentence, paragraph, subdivision,\nsection, or other part of this chapter shall be adjudged by any court of\ncompetent jurisdiction to be invalid, such judgment, decree or order\nshall not affect, impair or invalidate the remainder thereof, bu…

§ 705. Applicability with respect to inconsistent laws.\nNotwithstanding any inconsistent provisions of law, general or special,\nthe provisions of this law shall be controlling and on and after the\neffective date of this law, any interest in real property subject to\nacquisiti…

§ 706. Pending actions and proceedings. No action or proceeding\npending at the time when this chapter takes effect, shall be affected by\nany provision of this chapter, and the same may be prosecuted as if this\nchapter had not been enacted.\n

§ 707. Rules and regulations. Where not expressly provided, each\ncondemnor in order to effectuate the object, intent and provisions\ncontained herein, shall have the authority to establish and may from\ntime to time, amend rules and regulations consistent with the provisions\no…

§ 708. Acquisition of other than real property. Whenever any condemnor\nis authorized to acquire for a public use, title to property other than\nreal property, the acquisition of such property shall be in the manner\nand procedure prescribed for the acquisition of real property …

§ 709. Effective date. This chapter shall take effect July first,\nnineteen hundred seventy-eight.\n