N.Y. Eminent Domain Procedure Law Section 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:


publication of its determination and findings pursuant to section two hundred four, or


the date of the order or completion of the procedure that constitutes the basis of exemption under section two hundred six, or


entry of the final order or judgment on judicial review pursuant to § 207 (Judicial review)section two hundred seven of this chapter. (B) If the condemnor has not commenced the proceedings under this article to acquire the property prior to the expiration of such three year period the project shall be deemed abandoned, and thereafter, before commencing proceedings under this article the condemnor must again comply with the provisions of article two; provided, however, that the preceding shall not operate to bar the acquisition of property for which title cannot be certified by the state attorney general or appropriate legal officer or attorney of the condemnor in acquisition pursuant to subdivision (B) of § 501 (Jurisdiction)section five hundred one of this chapter within such three year period. Such property shall be acquired thereafter as soon as practicable. (C) In the event property is to be acquired for a public project in stages, the condemnor after conducting a required public hearing for the entire project need not conduct additional hearings for subsequent stages, provided that proceedings under this article with respect to the property necessary for the first stage were commenced within such three year period and provided further, that all proceedings under this article with respect to property for the project are commenced within ten years from the dates hereinabove set forth in paragraphs one, two and three of subdivision (A). (D) In the event additional property must be acquired after the three year period, because of field conditions, such acquisition shall be made as soon as practicable.

Source: Section 401 — Time for acquisition, https://www.­nysenate.­gov/legislation/laws/EDP/401 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 401’s source at nysenate​.gov

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