N.Y. Public Health Law Section 1105
Sewage removal or purification

  • rights of property owners

1.

The owner of any building the removal of which is occasioned or required, or which has been removed by any rule or regulation of the department, or the commissioner of environmental protection of the city of New York, or the board of water supply of the city of New York, made under the provisions of this article, and all persons whose rights of property are injuriously affected by the enforcement of any such rule or regulation, shall have a cause of action against the municipality or corporation, and shall have the right to present a claim against and to the state or state institution, park, reservation or post owning the waterworks benefited by the enforcement of such rule or regulation, for all damages occasioned or sustained by such removal or enforcement, including all injuries caused to the legitimate use or operation of such property.

2.

(a) An action for such damages may be brought against such municipality or corporation in accordance with the provisions of the eminent domain procedure law.

Source: Section 1105 — Sewage removal or purification; rights of property owners, https://www.­nysenate.­gov/legislation/laws/PBH/1105 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 1105’s source at nysenate​.gov

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