2021 New York Laws
EDP - Eminent Domain Procedure
Article 2 - Determination of the Need and Location of a Public Project Prior to Acquisition
204 - Determination and Findings.

§  204.  Determination  and findings. (A) The condemnor, within ninety
days after the conclusion of the public hearings held pursuant  to  this
article,  shall  make  its  determination  and  findings  concerning the
proposed public project and shall  publish  a  brief  synopsis  of  such
determination  and  findings  in  at  least  two successive issues of an
official newspaper if there is one designated in the locality where  the
project  will  be  situated  and  in at least two successive issues of a
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. The synopsis
shall include those factors set forth in  subdivision  (B)  herein,  and
shall  also  state that copies of the determination and findings will be
forwarded upon written request without cost.
  (B) The condemnor, in its determination and findings,  shall  specify,
but shall not be limited to the following:
  (1)  the  public  use, benefit or purpose to be served by the proposed
public project;
  (2) the approximate location for the proposed public project  and  the
reasons for the selection of that location;
  (3)  the general effect of the proposed project on the environment and
residents of the locality;
  (4) such other factors as it considers relevant.
  (C) Upon making the determination and findings,  the  condemnor  shall
serve,  by personal service or certified mail, return receipt requested,
a notice of the brief  synopsis  thereof  upon  each  assessment  record
billing  owner  or  his  or her attorney of record whose property may be
acquired. Such notice shall: (1) include  the  information  required  by
paragraph  two of subdivision (B) of this section; (2) state that copies
of the determination and findings will be forwarded to such  individuals
upon  written request and without cost; (3) inform such individual that,
under section two hundred seven of this article, there are  thirty  days
from the completion of the condemnor's newspaper publication requirement
to  seek  judicial review of the condemnor's determination and findings;
and (4) inform such individual that, under sections  two  hundred  seven
and  two hundred eight of this article, the exclusive venue for judicial
review of the condemnor's determination and findings  is  the  appellate
division  of the supreme court in the judicial department where any part
of the property to be condemned is located.