2020 New York Laws
EDP - Eminent Domain Procedure
Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition
202 - Notice.

Universal Citation: NY Em Dom Pro L § 202 (2020)
§  202. Notice. (A) Where a public hearing is required by this article
the condemnor shall give notice to the public of the purpose,  time  and
location  of  its  hearing  setting  forth  the proposed location of the
public project including any proposed alternate locations, at least  ten
but  no  more  than  thirty days prior to such public hearing by causing
such notice to be published in at least five  successive  issues  of  an
official  daily  newspaper  if  there  is one designated in the locality
where the project will be situated  and  in  at  least  five  successive
issues  of a daily newspaper of general circulation in such locality. If
the official newspaper is one of general circulation in  such  locality,
publication therein as specified shall be deemed sufficient compliance.

(B) In the event that the only newspaper available in such locality is a weekly publication the above described notice shall be published in such newspaper in at least two successive issues.

(C) (1) The condemnor shall serve, either by personal service or certified mail, return receipt requested, a notice of the purpose, time, date, and location of a public hearing required by this article to each assessment record billing owner or his or her attorney of record.

(2) Such notice shall be served at least ten but no more than thirty days prior to such public hearing. Such notice shall clearly state that those property owners who may subsequently wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at such hearing.

(D) Inadvertent failure to notify a person or persons entitled to notice under this section shall not be jurisdictional nor construed to affect the validity of any title acquired by a condemnor under this law.

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