2017 New York Laws
EDP - Eminent Domain Procedure
Article 4 - Vesting; Possession; Abandonment
401 - Time for Acquisition.

   401.   Time  for  acquisition.  (A)  The  condemnor  may  commence
  proceedings under this article to acquire the property necessary for the
  proposed public project up to three years after conclusion of the  later
  of:
(1)  publication of its determination and findings pursuant to section
  two hundred four, or
(2) the date  of  the  order  or  completion  of  the  procedure  that
  constitutes the basis of exemption under section two hundred six, or
(3)  entry  of the final order or judgment on judicial review pursuant
  to section two hundred seven of this chapter.
(B) If the condemnor has not  commenced  the  proceedings  under  this
  article  to  acquire  the property prior to the expiration of such three
  year period the project  shall  be  deemed  abandoned,  and  thereafter,
  before  commencing  proceedings  under  this  article the condemnor must
  again comply with the provisions of article two; provided, however, that
  the preceding shall not operate to bar the acquisition of  property  for
  which  title  cannot  be  certified  by  the  state  attorney general or
  appropriate legal officer or attorney of the  condemnor  in  acquisition
  pursuant  to subdivision (B) of section five hundred one of this chapter
  within  such  three  year  period.  Such  property  shall  be   acquired
  thereafter as soon as practicable.
(C)  In  the  event property is to be acquired for a public project in
  stages, the condemnor after conducting a required public hearing for the
  entire project need  not  conduct  additional  hearings  for  subsequent
  stages, provided that proceedings under this article with respect to the
  property  necessary for the first stage were commenced within such three
  year period and  provided  further,  that  all  proceedings  under  this
  article  with  respect  to property for the project are commenced within
  ten years from the dates hereinabove set forth in  paragraphs  one,  two
  and three of subdivision (A).
(D)  In the event additional property must be acquired after the three
  year period, because of field conditions, such acquisition shall be made
  as soon as practicable.