New York’s Eminent Domain Procedure Law (EDPL) §404 provides that a condemnor, when engaged in work connected to a proposed public project, 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. But is this statutory right to enter to inspect and test constitutional?
The condemnor is required to deliver notice to the owner stating the necessity for entry.
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