Under New York’s Eminent Domain Procedure Law (EDPL), acquisition of property through eminent domain is a two-step process. In the first step, the government or other condemnor decides whether to exercise its condemnation power. That decision is reviewable in an original proceeding brought in the Appellate Division of Supreme Court under EDPL §207. The second step is the actual acquisition of property, which occurs in a separate proceeding brought in the New York Supreme Court.
Once the property is acquired, if a property owner asserts that the government has valued the property too low, the owner can assert a claim for additional compensation, in order to achieve so-called “just compensation.” Persons affected by any of these procedures have certain Due Process rights to notice and an opportunity to be heard.
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