Acquiring Property by Eminent Domain (NY)

Summary

This practice note explains the process for acquiring property by eminent domain in the state of New York pursuant to the New York Eminent Domain Procedure Law (EDPL). Specifically, this note discusses the process that is applicable to condemning authorities other than the State of New York. When the State of New York acquires property, it is subject to Court of Claims jurisdiction and specific procedural rules that are not discussed in this practice note. This practice note addresses procedural requirements set forth in Articles 2, 3, and 4 of the EDPL, with which a condemning authority must comply to acquire title. This note does not discuss the EDPL Article 5 process for determining just compensation, the Article 6 procedures for claims under $25,000, or the miscellaneous provisions of Article 7.