Title EDP, Eminent Domain Procedure

§ 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 b…

§ 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 represent…

§ 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.

§ 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…

§ 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…

§ 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 ac…

§ 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 determi…

§ 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 accommodat…

§ 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…

§ 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 judi…

§ 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…

§ 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 a…

§ 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 condem…

§ 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 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…

§ 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 …

§ 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 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 …

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

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

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

§ 501. Jurisdiction. (A) The court of claims shall have exclusive jurisdiction to hear and determine all claims arising from the acquisition of real property by or in the name of the people of the state of New York, or when jurisdiction is specifically conferred upon it by statu…

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

§ 503. Filing and service of claims; notice of appearance. (A) In a claim for damages arising from the acquisition of real property under subdivision (A) of section five hundred one herein, a condemnee shall file within three years after service of the notice of acquisition or d…

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

§ 505. Proof of title; conflicting claims. (A) Each condemnor shall receive proof of title to property acquired together with proof of liens or encumbrances thereon, prior to trial. (B) Where a condemnor disputes a condemnee's title or a right to all or a portion of an award or …

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

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

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

§ 509. Pretrial conferences. Upon the call of the trial calendar the justice or judge presiding may prepare a pretrial conference calendar of proceedings. A pretrial conference may be held in each such proceeding. Each judicial department and the court of claims shall adopt rule…

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

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

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

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

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

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

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

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

§ 604. Appeals. Any party to an action pursuant to this article may appeal on the sole ground that substantial justice has not been accomplished between the parties according to the rules and principles of substantive law.

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

§ 702. Incidental expenses. (A) The condemnor shall reimburse a condemnee an amount separately computed and stated, representing the following incidental expenses: (1) any recording fees, transfer taxes and other similar expenses in connection with the acquisition of the propert…

§ 703. Application of CPLR. The civil practice law and rules shall apply to practice and procedure in proceedings under this law except where other procedure is specifically provided by this law or rules governing or adopted by the appropriate court.

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

§ 705. Applicability with respect to inconsistent laws. Notwithstanding any inconsistent provisions of law, general or special, the provisions of this law shall be controlling and on and after the effective date of this law, any interest in real property subject to acquisition s…

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

§ 707. Rules and regulations. Where not expressly provided, each condemnor in order to effectuate the object, intent and provisions contained herein, shall have the authority to establish and may from time to time, amend rules and regulations consistent with the provisions of th…

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

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