In his Condemnation and Tax Certiorari column, Michael Rikon writes that compared to the procedures in other states, our Eminent Domain Procedure Law provides far superior protection. While New York should be proud, the law is almost 40 years old, and there is need to study and revise it.
October 30, 2015 at 03:00 AM
1 minute read
New York provides a procedure exclusively for acts of eminent domain. The procedure is set forth in New York’s Eminent Domain Procedure Law (EDPL).
The EDPL provides jurisdiction to not only acquire property by eminent domain and determine just compensation, EDPL §501, but also the exclusive procedure to challenge a proposed condemnation, EDPL §208. Jurisdiction is either in the Court of Claims for state takings, EDPL §501(A), or Supreme Court for all other eminent domain takings, EDPL §501(B).
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