2006 New York Code - Exemptions.



 
    §  206. Exemptions. The condemnor shall be exempt from compliance with
  the provisions of this article when:
    (A) pursuant to other state, federal, or local law  or  regulation  it
  considers and submits factors similar to those enumerated in subdivision
  (B)  of  section  two  hundred  four,  to  a  state,  federal  or  local
  governmental agency, board or  commission  before  proceeding  with  the
  acquisition  and  obtains  a  license, a permit, a certificate of public
  convenience or necessity or other similar  approval  from  such  agency,
  board, or commission or;
    (B)  pursuant to article VII or article VIII of the public service law
  it obtained a certificate of environmental compatibility and public need
  or;
    (C) pursuant to other law or regulation it undergoes  or  conducts  or
  offers  to  conduct  prior to an acquisition one or more public hearings
  upon notice to the public and owners of property  to  be  acquired,  and
  provided further that factors similar to those enumerated in subdivision
  (B)  of section two hundred four herein may be considered at such public
  hearings, or;
    (D) when in the opinion of the condemnor the acquisition is de minimis
  in nature so that the public interest will  not  be  prejudiced  by  the
  construction  of  the  project  or because of an emergency situation the
  public interest will be endangered by any delay  caused  by  the  public
  hearing requirement in this article.
    (E) when it complies with the procedures contained in section 41.34 of
  the mental hygiene law.

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