N.Y. Eminent Domain Procedure Law Section 404
Right of entry prior to acquisition

The condemnor, its officers, agents or contractors when acquiring real property in accordance with this law, or when engaged in work connected with a proposed public project, as described in this law, shall have the right to enter upon any real property for the purpose of making surveys, test pits and borings, or other investigations, and also for temporary occupancy during construction. At a reasonable time prior to such entry, the condemnor shall deliver notice personally or by first class mail, to the property owner stating the necessity for the entry. The condemnor shall be liable to the owner for any damages caused by the condemnor as a result of the entry; but such damages shall not entail duplicate payment of damages to be compensated for by the condemnor pursuant to article 3 (Offer and Negotiations)article three of this law. Entry damages, if any, shall not be deemed an acquisition.

Source: Section 404 — Right of entry prior to acquisition, https://www.­nysenate.­gov/legislation/laws/EDP/404 (updated Sep. 22, 2014; accessed Jul. 19, 2025).

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Jul. 19, 2025

Last modified:
Sep. 22, 2014

§ 404. Right of entry prior to acquisition's source at nysenate​.gov

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