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Home » US Law » 2022 New York Laws » Consolidated Laws » EDP - Eminent Domain Procedure » Article 4 - Vesting; Possession; Abandonment

401 – Time for Acquisition.

§ 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 order or […]

402 – Filing of Acquisition Maps; Vesting.

§ 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 office […]

403 – Names of Reputed Condemnees.

§ 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 attorney to advise […]

404 – Right of Entry Prior to Acquisition.

§ 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 any real property for the purpose of making […]

405 – Possession.

§ 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 and possession to be delivered […]

406 – Abandonment.

§ 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 any portion thereof for private use within ten years […]