In New York there are two separate procedures utilized to acquire property by eminent domain. Most takings occur by virtue of an Article 4 Special Proceeding in Supreme Court which results in an order directing the filing of an acquisition map. When the State of New York takes property, it files an appropriation map in the County Clerk’s Office and thereby appropriates the property. Both procedures assume compliance with statutory requirements. The valuation date in each instance will be the title vesting date.
The condemnation claim will be filed and litigated in Supreme Court. The appropriation claim will be litigated only in the Court of Claims. In accordance with the Court Rules, each party must file an appraisal valuing the property at its highest and best use on the date of the taking.
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