reglab/housing_qa huggingface dataset:
NY Em Dom Pro L § 204 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition 204 - Determination and Findings.

§  204.  Determination  and findings. (A) The condemnor, within ninety days after the conclusion of the public hearings held pursuant  to  this article,  shall  make  its  determination  and  findings  concerning the proposed public project and shall  publish  a  brief  synopsis  of  such determination  and  findings  in  at  least  two successive issues of an official newspaper if there is one designated in the locality where  the project  will  be  situated  and  in at least two successive issues of a newspaper of general circulation  in  such  locality.  If  the  official newspaper  is  one  of general circulation in such locality, publication therein as specified shall be deemed sufficient compliance. The synopsis shall include those factors set forth in  subdivision  (B)  herein,  and shall  also  state that copies of the determination and findings will be forwarded upon written request without cost.  (B) The condemnor, in its determination and findings,  shall  specify, but shall not be limited to the following:  (1)  the  public  use, benefit or purpose to be served by the proposed public project;  (2) the approximate location for the proposed public project  and  the reasons for the selection of that location;  (3)  the general effect of the proposed project on the environment and residents of the locality;  (4) such other factors as it considers relevant.  (C) Upon making the determination and findings,  the  condemnor  shall serve,  by personal service or certified mail, return receipt requested, a notice of the brief  synopsis  thereof  upon  each  assessment  record billing  owner  or  his  or her attorney of record whose property may be acquired. Such notice shall: (1) include  the  information  required  by paragraph  two of subdivision (B) of this section; (2) state that copies of the determination and findings will be forwarded to such  individuals upon  written request and without cost; (3) inform such individual that, under section two hundred seven of this article, there are  thirty  days from the completion of the condemnor's newspaper publication requirement to  seek  judicial review of the condemnor's determination and findings; and (4) inform such individual that, under sections  two  hundred  seven and  two hundred eight of this article, the exclusive venue for judicial review of the condemnor's determination and findings  is  the  appellate division  of the supreme court in the judicial department where any part of the property to be condemned is located.
NY Em Dom Pro L § 205 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition 205 - Amendments for Field Conditions.

§  205.  Amendments for field conditions. Subsequent to publishing its   determination and findings and only in the event that further  study  of   field  conditions  warrant,  the  condemnor shall have the right to make   amendments or alterations in its proposed public project to  accommodate   such  field conditions. Such amendments or alterations shall not require   further public hearings nor invalidate any acquisition for the  proposed   public project.
NY Em Dom Pro L § 206 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition 206 - Exemptions.

§  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 or article VIII of the public service law it obtained a certificate of environmental compatibility and public need or;  (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.
NY Em Dom Pro L § 207 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition 207 - Judicial Review.

§  207.  Judicial  review.  (A)  Any  person  or  persons  jointly  or severally, aggrieved by the condemnor's determination and findings  made pursuant  to section two hundred four of this article, may seek judicial review thereof by the appellate division of the supreme  court,  in  the judicial  department  embracing the county wherein the proposed facility is located by the filing of a petition in such court within thirty  days after the condemnor's completion of its publication of its determination and  findings pursuant to section two hundred four herein. Such petition shall be accompanied by proof of service of a demand on the condemnor to file with said court a copy of a written transcript of the record of the proceeding before it, and a copy of its determination and findings. Upon receipt of such petition  and  demand,  the  condemnor  shall  forthwith deliver  to  the  court  a  copy  of  the  record  and  a  copy  of  its determination and findings. The proceeding shall be heard on the  record without requirement of reproduction. If such proposed public improvement is  located  in more than one judicial department such proceeding may be brought in any one, but only  one  of  such  departments  and  all  such proceedings  with  relation  to  any  single  public  project  shall  be consolidated with that first filed.  (B) The jurisdiction of the appellate division of  the  supreme  court shall  be exclusive and its judgment and order shall be final subject to review by the court of appeals in the same manner and form and with  the same  effect  as  provided for appeals in a special proceeding. All such proceedings shall be heard and determined by the appellate  division  of the  supreme  court,  and  by  the court of appeals, as expeditiously as possible and with lawful preference over other matters.  (C)  The  court  shall  either  confirm  or  reject  the   condemnor's determination  and  findings.  The  scope  of review shall be limited to whether:  (1) the proceeding was  in  conformity  with  the  federal  and  state constitutions,  (2)  the  proposed  acquisition  is  within  the condemnor's statutory jurisdiction or authority,  (3) the condemnor's determination and findings were made in accordance with procedures set forth in this article and with article eight of  the environmental conservation law, and  (4)  a  public  use, benefit or purpose will be served by the proposed acquisition.
NY Em Dom Pro L § 208 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition 208 - Jurisdiction of Courts.

§  208.  Jurisdiction  of  courts.  Except  as  expressly set forth in   section two hundred seven, and except for review by the court of appeals   of an order or judgment of the appellate division of the  supreme  court   as  provided for therein, no court of this state shall have jurisdiction   to hear and determine any matter, case  or  controversy  concerning  any   matter  which  was  or  could have been determined in a proceeding under   this article.
NY Em Dom Pro L § 301 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 3 - Offer and Negotiations 301 - Policy.

§  301. Policy. The condemnor, at all stages prior to or subsequent to   an acquisition by eminent  domain  of  real  property  necessary  for  a   proposed  public  project  shall  make  every reasonable and expeditious   effort  to  justly  compensate  persons  for  such  real   property   by   negotiation and agreement.
NY Em Dom Pro L § 302 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 3 - Offer and Negotiations 302 - Appraisals; Prevesting Discovery.

§  302. Appraisals; 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.
NY Em Dom Pro L § 303 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 3 - Offer and Negotiations 303 - Offer.

§  303.  Offer.  The  condemnor  shall  establish  an  amount which it   believes to represent just compensation for  the  real  property  to  be   acquired.    The  condemnor  shall  make  a written offer to acquire the   property for one hundred per centum of the valuation so established.  In   no event shall such amount be less than the condemnor's highest approved   appraisal.  Wherever  practicable,  the  condemnor  shall make the offer   prior to acquiring the property and  shall  also  wherever  practicable,   include  within  the offer an itemization of the total direct, the total   severance or consequential damages and benefits as each may apply to the   property.
NY Em Dom Pro L § 305 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 3 - Offer and Negotiations 305 - Use and Occupancy.

§  305.  Use  and  occupancy.  (A) A condemnee, tenant or other person holding, using or occupying property acquired pursuant to this  chapter, shall  be  liable  to the condemnor for the fair and reasonable value of such holding, use or occupancy from the date of acquisition to the  date the  property  is  vacated  and possession surrendered to the condemnor. Provided, however, that in  the  event  the  property  at  the  time  of acquisition  is  occupied  by the former owner for residential purposes, the liability of such former owner for the fair and reasonable value  of such  residential holding shall not commence until ninety days after the date of acquisition or until the date on which the property ceases to be occupied by the former owner for residential purposes, whichever  occurs first.  (B) The amount of the fair and reasonable value for such temporary use and  occupancy  established  by  the  condemnor  shall  be  paid  to the condemnor at reasonable intervals; any amount due  and  payable  may  be retained  by the condemnor from any unpaid damage or consideration to be paid by it to such condemnee, tenant or other person for the property or interest therein acquired from him. Either party may bring an action and make application to a court of competent jurisdiction to  establish  the fair  and  reasonable  amount  of  money  due  for  such holding, use or occupancy of the property, in the event the  value  established  by  the condemnor  is  unacceptable.  The  condemnor  may  enforce  any judgment ensuing from such actions according to the applicable provisions of law.  (C) Where a condemnee,  tenant  or  other  person  holding,  using  or occupying  property  acquired pursuant to this chapter is entitled to an award for the acquisition of the property by the condemnor,  any  unpaid portion  of  the  sum  fixed  for use and occupancy either by agreement, expressed or implied, or by court action to establish the same, shall be a lien against such award, or payment  by  agreement,  subject  only  to liens of record at the time of the vesting of title in the condemnor and liens under section four hundred seventy-five of the judiciary law.
NY Em Dom Pro L § 401 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 4 - Vesting; Possession; Abandonment 401 - Time for Acquisition.

§   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:  (1)  publication of its determination and findings pursuant to section two hundred four, or  (2) the date  of  the  order  or  completion  of  the  procedure  that constitutes the basis of exemption under section two hundred six, or  (3)  entry  of the final order or judgment on judicial review pursuant to 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 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.
NY Em Dom Pro L § 403 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 4 - Vesting; Possession; Abandonment 403 - Names of Reputed Condemnees.

§ 403. Names of reputed condemnees. The condemnor shall deliver to its   appropriate  legal  officer  or  attorney, (who shall be in acquisitions   pursuant to subdivision (A) of  section  five  hundred  one,  the  state   attorney  general) a copy of such acquisition map, whereupon it shall be   the duty of such legal officer or attorney to advise and certify to  the   condemnor the names of the reputed condemnees of parcels to be acquired.
NY Em Dom Pro L § 404 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 4 - Vesting; Possession; Abandonment 404 - Right of Entry Prior to Acquisition.

§  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  three  of this law.  Entry damages, if any, shall not be deemed   an acquisition.
NY Em Dom Pro L § 405 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 4 - Vesting; Possession; Abandonment 405 - Possession.

§  405.  Possession. (A) If the condemnor has a right to possession of real property as provided for in this law, and the condemnor shall  deem it  necessary  to  cause the removal of a condemnee or other occupant it may cause such condemnee or other occupant to be removed  therefrom  and possession to be delivered to it, pursuant to the procedures of landlord and  tenant  law,  or  by  application to the supreme court in which the proceeding is pending  for  a  writ  of  assistance  for  possession  or pursuant  to  other  law,  except that no condemnee shall be required to surrender possession prior to the condemnor's  payment  to  him  of  its advance payment or the deposit of such amount in accordance with article three  of  this  law, unless the condemnee has not complied with section three hundred two of this law.  (B) No execution shall  include  costs  in  a  dispossess  proceeding. Proceedings  may  be  brought  separately  against  one  or  more of the condemnees or other occupants of a property, or one  proceeding  may  be brought  against  all or several of the condemnees or other occupants of any or all property within the territorial jurisdiction of the court.
NY Em Dom Pro L § 406 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 4 - Vesting; Possession; Abandonment 406 - Abandonment.

§  406.  Abandonment.  (A) If, after an acquisition in fee pursuant to the provisions of this chapter, the condemnor shall abandon the  project for  which  the  property  was  acquired,  and the property has not been materially improved, the condemnor shall not dispose of the property  or any  portion  thereof  for  private  use within ten years of acquisition without first offering the former fee owner of record  at  the  time  of acquisition  a  right  of  first refusal to purchase the property at the amount of the fair market value of such property at  the  time  of  such offer.  In  the  event that the acquisition was a partial taking in fee, such offer need not be made unless such former fee owner  has  title  to the  contiguous remainder parcel at the time the condemnor determines to dispose of the property. A notice of the offer shall be  served  on  the former  fee  owner  by  registered  or  certified  mail  return  receipt requested. Such former fee owner shall have sixty days after service  of such notice to serve a written acceptance upon the condemnor.  (B)  Where  the  condemnor  has  in  good  faith  and  with reasonable diligence attempted to ascertain the identity  of  persons  entitled  to notice under this section and mailed notice to the last known address of record of those ascertained, the failure to in fact notify those persons entitled  thereto  shall  not  invalidate  any subsequent disposition of property pursuant to this section.
NY Em Dom Pro L § 501 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 5 - Procedure for Determining Just Compensation 501 - Jurisdiction.

§  501.  Jurisdiction.  (A)  The  court of claims shall have exclusive jurisdiction  to  hear  and  determine  all  claims  arising  from   the acquisition  of  real  property  by  or in the name of the people of the state of New York, or when jurisdiction is specifically  conferred  upon it by statute.  (B)  In all claims arising from the acquisition of real property other than as provided in subdivision (A) of this section, the supreme  court, held  in  the  judicial  district where the real property or any portion thereof is situated, shall  have  exclusive  jurisdiction  to  hear  and determine  all  claims arising from the acquisition of real property and shall hear such claims without a jury or without referral to  a  referee or commissioners.
NY Em Dom Pro L § 503 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 5 - Procedure for Determining Just Compensation 503 - Filing and Service of Claims; Notice of Appearance.

§  503.  Filing  and service of claims; notice of appearance. (A) In a claim for damages arising from the acquisition of  real  property  under subdivision  (A)  of  section five hundred one herein, a condemnee shall file within three years after service of the notice  of  acquisition  or date  of vesting, whichever is later, or within such time as is fixed by order of the court pursuant to  sections  five  hundred  five  and  five hundred  twelve,  a claim for damages with the clerk of the court having jurisdiction of the matter, and a copy of said  claim  upon  such  other official  designated  in  the  notice  of  acquisition  to  receive such service. In any acquisition pursuant to subdivision (A) of section  five hundred  one  service  shall  be upon the attorney general. The claimant may, at any time subsequent to the running of  the  three  year  period, receive   the  amount  of  the  condemnor's  offer  upon  proof  of  his entitlement thereto. The failure of a condemnee to file a  claim  within such  three year period shall be deemed an acceptance of the amount paid as full settlement of such claim.  (B) In a claim for  damages  arising  from  the  acquisition  of  real property  under  subdivision  (B)  of section five hundred one herein, a condemnee shall, within the time specified by the court, file a  written claim,  or  notice  of  appearance  with  the  clerk of the court having jurisdiction of the matter and a copy of the same shall be  served  upon either  the  condemnor's chief legal officer or upon such other official designated in the notice of acquisition.  (C) In the event that a claim is made for compensation for fixtures or for any interest other than the fee in the  real  property  acquired,  a copy  of  such  claim  together  with a schedule of fixture items, where applicable, shall also be served by such claimant upon the fee owner  of the  real property, and the condemnor's chief legal officer or upon such other official designated in the notice of acquisition.
NY Em Dom Pro L § 504 (2021)
2021 New York Laws EDP - Eminent Domain Procedure Article 5 - Procedure for Determining Just Compensation 504 - Content of Claim, or Notice of Appearance.

§ 504. Content of claim, or notice of appearance. The claim, or notice of appearance shall include:  (A) the name and post office address of the condemnee;  (B)  reasonable  identification by reference to the acquisition map or otherwise,  of  the  property  affected  by  the  acquisition,  and  the condemnee's interest therein;  (C)  a  general  statement  of the nature and type of damages claimed, including a schedule of fixture items which comprise part or all of  the damages claimed;  (D)  if  represented  by  an  attorney,  the  name  of the condemnee's attorney and his office and post office  address  and  telephone  number subscribed at the end of the claim.   The  claims and copies thereof, may be either typewritten, printed, or photocopies of the original.