2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 502 - Service of Notice of Acquisition.

§ 502.  Service of notice of acquisition.  (A)  In all acquisitions in
which  the  court  of  claims  has jurisdiction under subdivision (A) of
section five hundred one, and provided certification pursuant to section
four hundred three of this law has  been  made,  the  condemnor,  within
ninety days after filing the acquisition map pursuant to subdivision (A)
of section four hundred two of this law, shall serve, either by personal
service   or  by  certified  mail,  upon  each  condemnee  a  notice  of
acquisition and a copy of that portion of the acquisition map  affecting
the condemnee's property.  Thereupon, the condemnor shall:
(1)    cause  proof  of  such  service to be filed and recorded in the
office of the county clerk or register whose duty it shall be, upon  the
filing  of the proof of such service, to record the same in the books in
his office used for recording deeds, and to index the same in  the  deed
index  books  in  his office, listing the names of the persons served as
grantors.  The record of the proof of such service shall be  presumptive
evidence  of  due  service  of such map and notice of acquisition on the
person served.  Service of a copy of such map and notice  shall  not  be
required to be made on any condemnee whose claim arising from or growing
out of such acquisition has been adjusted; and
(2)    if  it  is  unable  to  serve  a copy of such map and notice of
acquisition, or cause the same to be served upon a condemnee  personally
within  the  state,  after  making  an  effort so to do, service in lieu
thereof may be made by the condemnor by causing such map and  notice  of
acquisition  to  be  filed in the office of the county clerk or register
aforesaid, and by causing such notice to be recorded in said office; and
(3)  simultaneously therewith, cause a certificate  to  be  filed  and
recorded  in  said  office,  which  certificate  shall  state  that  the
condemnor has been unable to serve a copy of  such  map  and  notice  of
acquisition,  or  cause  the  same  to  be  served  upon  such condemnee
personally within the state after a reasonable and proper effort  to  do
so.  The certificate shall direct that service be effected by filing and
recording as herein provided.  It shall be the duty of such county clerk
or  register,  upon filing of the notice of acquisition and certificate,
to record the same in the books in his office used for recording  deeds,
and to index the same in the deed index books in his office, listing the
person  named  in  such  certificate  as a grantor.   The record of such
notice and certificate shall be presumptive evidence of due  service  of
such  acquisition  map  and notice of acquisition on the person named in
said certificate.
(B) In all acquisitions in which the supreme  court  has  jurisdiction
under subdivision (B) of section five hundred one, the condemnor, within
thirty  days  after  entry  of  the  order granting the petition vesting
title, shall cause a notice of acquisition to be either served upon each
condemnee or his attorney of record pursuant to the civil  practice  law
and rules or published in at least ten successive issues of the official
newspaper  in  the  locality where the project will be situated or in at
least ten successive issues of a newspaper  of  general  circulation  in
such  locality.  In  the event that the only newspaper available in such
locality is a weekly publication, the above described  notice  shall  be
published  in such newspaper in at least three successive issues. In the
event the notice of acquisition is published,  a  copy  of  such  notice
shall  also  be  mailed  by  first  class  mail to each condemnee or his
attorney of record. The notice shall contain a  general  description  of
the real property acquired, and shall also set forth:
(1) the date the order vesting title was entered,
(2) that the acquisition map has been filed,
(3)  the  office  where such order has been entered and where such map
has been filed; and
(4) direct that condemnees of such property shall, on or before a date
therein specified,  file  a  written  claim,  or  notice  of  appearance
pursuant to section five hundred three herein with the condemnor and the
clerk of the court of the county in which the order has been filed.