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See some of Saul Fenchel's eminent domain articles covering various subjects in Eminent Domain Condemnation.

The Condemnation Procedure

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In the State of New York, the procedure is governed by the Eminent Domain Procedure Law (the “EDPL”). The EDPL applies to all condemnations, although the exact procedure is different under the EDPL depending on whether the taking is by the State or local government (i.e., the County, Town, City or Village, etc.).

A. The State

The State takes property simply by the filing of a map in the office of the Clerk in which the property is located. As a general practice, the State will contact the property owner well before the taking and will hold informational hearings. The property owner will then receive a formal notice of appropriation when the State legally takes the property (i.e. “vests” title to the property).

B. Local Governments

Local governments, such as counties, towns, cities and villages follow a different procedure. After the public hearings, the condemnor will issue a determination that the taking achieves a public purpose and authorizes proceedings to take the property. Counsel for the local government will then file a notice of pendency and make a formal application before the Supreme Court in the county in which the property is located. This application requires service upon the property owner with at least twenty days notice in addition to newspaper notice. Upon the Court’s signing of the vesting order and its entry with the county clerk, title is deemed vested in the condemnor.

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