The Eminent Domain Procedure Law (EDPL) Section 206 provides for exemptions from the condemnation approval process provided for in Article 2 of EDPL in five enumerated instances. We discuss subdivisions (A) and (D) herein.
Under subdivision D, the condemnor shall be exempt from compliance with the provisions of this article when “in the opinion of the condemnor the acquisition is de minimis in nature so that the public interest will not be prejudiced by the construction of the project or—.” In looking at the cases which have construed this section we note the issue is often raised as to both subsections at the same time, that the properties are most usually not in the metropolitan New York City area and involve either a utility, an easement or a strip taking.
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