2015 New York Laws
EDP - Eminent Domain Procedure
Article 4 - (Eminent Domain Procedure) VESTING; POSSESSION; ABANDONMENT
406 - Abandonment.

  406.  Abandonment.  (A) If, after an acquisition in fee pursuant to
  the provisions of this chapter, the condemnor shall abandon the  project
  for  which  the  property  was  acquired,  and the property has not been
  materially improved, the condemnor shall not dispose of the property  or
  any  portion  thereof  for  private  use within ten years of acquisition
  without first offering the former fee owner of record  at  the  time  of
  acquisition  a  right  of  first refusal to purchase the property at the
  amount of the fair market value of such property at  the  time  of  such
  offer.  In  the  event that the acquisition was a partial taking in fee,
  such offer need not be made unless such former fee owner  has  title  to
  the  contiguous remainder parcel at the time the condemnor determines to
  dispose of the property. A notice of the offer shall be  served  on  the
  former  fee  owner  by  registered  or  certified  mail  return  receipt
  requested. Such former fee owner shall have sixty days after service  of
  such notice to serve a written acceptance upon the condemnor.
(B)  Where  the  condemnor  has  in  good  faith  and  with reasonable
  diligence attempted to ascertain the identity  of  persons  entitled  to
  notice under this section and mailed notice to the last known address of
  record of those ascertained, the failure to in fact notify those persons
  entitled  thereto  shall  not  invalidate  any subsequent disposition of
  property pursuant to this section.