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Home » US Law » 2022 New York Laws » Consolidated Laws » EDP - Eminent Domain Procedure » Article 5 - Procedure for Determining Just Compensation

501 – Jurisdiction.

§ 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 statute. (B) In all claims arising from […]

502 – Service of Notice of Acquisition.

§ 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 ninety days after filing the acquisition map pursuant to subdivision […]

503 – Filing and Service of Claims; Notice of Appearance.

§ 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 date of vesting, whichever is later, or within […]

504 – Content of Claim, or Notice of Appearance.

§ 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, and the condemnee’s interest therein; (C) a general statement of […]

505 – Proof of Title; Conflicting Claims.

§ 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 a prospective award by reason of […]

506 – Note of Issue; Statement of Readiness.

§ 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 accordance with the applicable provisions of the civil […]

507 – Answer; Affirmative Defenses.

§ 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.

§ 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 claim for damages arising from the acquisition of real property under subdivision […]

509 – Pretrial Conferences.

§ 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 rules governing the conduct of pretrials.

510 – View.

§ 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 removed, razed or […]

511 – Joint or Consolidated Trials.

§ 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, but not all claims arising from a […]

512 – Decision of the Court.

§ 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 thirteen of the civil practice law and rules.

513 – Judgment.

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

514 – Interest; Suspension.

§ 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 filing of an acquisition map as provided […]