N.Y. Eminent Domain Procedure Law Section 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 successive issues of an official newspaper if there is one designated in the locality where the project will be situated and in at least two successive issues of a newspaper of general circulation in such locality. If the official newspaper is one of general circulation in such locality, publication therein as specified shall be deemed sufficient compliance. The synopsis shall include those factors set forth in subdivision (B) herein, and shall also state that copies of the determination and findings will be forwarded upon written request without cost. (B) The condemnor, in its determination and findings, shall specify, but shall not be limited to the following:

(1)

the public use, benefit or purpose to be served by the proposed public project;

(2)

the approximate location for the proposed public project and the reasons for the selection of that location;

(3)

the general effect of the proposed project on the environment and residents of the locality;

(4)

such other factors as it considers relevant. (C) Upon making the determination and findings, the condemnor shall serve, by personal service or certified mail, return receipt requested, a notice of the brief synopsis thereof upon each assessment record billing owner or his or her attorney of record whose property may be acquired. Such notice shall:

(1)

include the information required by paragraph two of subdivision (B) of this section;

(2)

state that copies of the determination and findings will be forwarded to such individuals upon written request and without cost;

(3)

inform such individual that, under § 207 (Judicial review)section two hundred seven of this article, there are thirty days from the completion of the condemnor’s newspaper publication requirement to seek judicial review of the condemnor’s determination and findings; and

(4)

inform such individual that, under sections two hundred seven and two hundred eight of this article, the exclusive venue for judicial review of the condemnor’s determination and findings is the appellate division of the supreme court in the judicial department where any part of the property to be condemned is located.

Source: Section 204 — Determination and findings, https://www.­nysenate.­gov/legislation/laws/EDP/204 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 204’s source at nysenate​.gov

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