2015 New York Laws
EDP - Eminent Domain Procedure
Article 4 - (Eminent Domain Procedure) VESTING; POSSESSION; ABANDONMENT
404 - Right of entry prior to acquisition.

NY Em Dom Pro L § 404 (2015) What's This?

404. Right of entry prior to acquisition. The condemnor, its officers, agents or contractors when acquiring real property in accordance with this law, or when engaged in work connected with a proposed public project, as described in this law, 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. At a reasonable time prior to such entry, the condemnor shall deliver notice personally or by first class mail, to the property owner stating the necessity for the entry. The condemnor shall be liable to the owner for any damages caused by the condemnor as a result of the entry; but such damages shall not entail duplicate payment of damages to be compensated for by the condemnor pursuant to article three of this law. Entry damages, if any, shall not be deemed an acquisition.


Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.