N.Y. Eminent Domain Procedure Law Section 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, to a state, federal or local governmental agency, board or commission before proceeding with the acquisition and obtains a license, a permit, a certificate of public convenience or necessity or other similar approval from such agency, board, or commission or; * (B) pursuant to article VII of the public service law it obtained a certificate of environmental compatibility and public need or pursuant to article VIII of the public service law it obtained a siting permit with respect to a major electric transmission facility or; * NB Effective until December 31, 2040 * (B) pursuant to article VII or article VIII of the public service law it obtained a certificate of environmental compatibility and public need or; * NB Effective December 31, 2040 (C) pursuant to other law or regulation it undergoes or conducts or offers to conduct prior to an acquisition one or more public hearings upon notice to the public and owners of property to be acquired, and provided further that factors similar to those enumerated in subdivision (B) of section two hundred four herein may be considered at such public hearings, or; (D) when in the opinion of the condemnor the acquisition is de minimis in nature so that the public interest will not be prejudiced by the construction of the project or because of an emergency situation the public interest will be endangered by any delay caused by the public hearing requirement in this article. (E) when it complies with the procedures contained in section 41.34 of the mental hygiene law.

Source: Section 206 — Exemptions, https://www.­nysenate.­gov/legislation/laws/EDP/206 (updated May 3, 2024; accessed Feb. 15, 2025).

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Accessed:
Feb. 15, 2025

Last modified:
May 3, 2024

§ 206’s source at nysenate​.gov

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