N.Y. Eminent Domain Procedure Law Section 302

  • 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 condemnor shall have the right to inspect such property prior to vesting. The owner, his agents or employees, tenants or other occupants shall upon reasonable notice by a written request by the condemnor, provide pertinent data or information including books and records necessary to prepare such appraisal. A party affected by such request may, where the request for such information is objected to as unreasonable or burdensome, petition a court of competent jurisdiction for relief. Failure of the owner to comply with this section shall suspend the condemnor’s obligation to make an offer to such owner pursuant to article three until such time as this information is provided.

Source: Section 302 — Appraisals; prevesting discovery, https://www.­nysenate.­gov/legislation/laws/EDP/302 (updated Sep. 22, 2014; accessed Dec. 9, 2023).

Dec. 9, 2023

Last modified:
Sep. 22, 2014

§ 302’s source at nysenate​.gov

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