Michael Rikon The Eminent Domain Procedure Law
New York's Eminent Domain Procedure Law sets forth the time periods for filing a condemnation claim. If the state appropriated the property, the former owner has three years to file a claim in the Court of Claims. If any other condemnor takes your property, it will be in the Supreme Court and should be filed within the period specified by the court. EDPL Sec. 503. But the court should not automatically adopt a time period inserted by the condemnor. A condemnation claim is a constitutional claim and attempting to prevent a taking claim by shortening the time period to file is asking for trouble. It is the function of the court to set time limits to file. The court should not rubber stamp the condemnor's submissions in a proposed vesting order.Filing a Condemnation Claim in New York
The court should not automatically adopt a time period inserted by the condemnor. A condemnation claim is a constitutional claim and attempting to prevent a taking claim by shortening the time period to file is asking for trouble. It is the function of the court to set time limits to file. The court should not rubber stamp the condemnor's submissions in a proposed vesting order.
June 28, 2023 at 11:15 AM
8 minute read
Analysis
Michael Rikon
The Eminent Domain Procedure Law
New York's Eminent Domain Procedure Law sets forth the time periods for filing a condemnation claim. If the state appropriated the property, the former owner has three years to file a claim in the Court of Claims. If any other condemnor takes your property, it will be in the Supreme Court and should be filed within the period specified by the court. EDPL Sec. 503. But the court should not automatically adopt a time period inserted by the condemnor. A condemnation claim is a constitutional claim and attempting to prevent a taking claim by shortening the time period to file is asking for trouble. It is the function of the court to set time limits to file. The court should not rubber stamp the condemnor's submissions in a proposed vesting order.
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