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2021 New York Laws
EDP - Eminent Domain Procedure
Article 5 - Procedure for Determining Just Compensation
503 - Filing and Service of Claims; Notice of Appearance.

Universal Citation: NY Em Dom Pro L § 503 (2021)
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§  503.  Filing  and service of claims; notice of appearance. (A) In a
claim for damages arising from the acquisition of  real  property  under
subdivision  (A)  of  section five hundred one herein, a condemnee shall
file within three years after service of the notice  of  acquisition  or
date  of vesting, whichever is later, or within such time as is fixed by
order of the court pursuant to  sections  five  hundred  five  and  five
hundred  twelve,  a claim for damages with the clerk of the court having
jurisdiction of the matter, and a copy of said  claim  upon  such  other
official  designated  in  the  notice  of  acquisition  to  receive such
service. In any acquisition pursuant to subdivision (A) of section  five
hundred  one  service  shall  be upon the attorney general. The claimant
may, at any time subsequent to the running of  the  three  year  period,
receive   the  amount  of  the  condemnor's  offer  upon  proof  of  his
entitlement thereto. The failure of a condemnee to file a  claim  within
such  three year period shall be deemed an acceptance of the amount paid
as full settlement of such claim.
  (B) In a claim for  damages  arising  from  the  acquisition  of  real
property  under  subdivision  (B)  of section five hundred one herein, a
condemnee shall, within the time specified by the court, file a  written
claim,  or  notice  of  appearance  with  the  clerk of the court having
jurisdiction of the matter and a copy of the same shall be  served  upon
either  the  condemnor's chief legal officer or upon such other official
designated in the notice of acquisition.
  (C) In the event that a claim is made for compensation for fixtures or
for any interest other than the fee in the  real  property  acquired,  a
copy  of  such  claim  together  with a schedule of fixture items, where
applicable, shall also be served by such claimant upon the fee owner  of
the  real property, and the condemnor's chief legal officer or upon such
other official designated in the notice of acquisition.
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