The question as to how much time a condemnee has to file a condemnation claim actually is a trick question. It depends on so many variables. Who was the condemnor? How did the condemnee learn of the taking? Was the taking de jure or de facto?
The De Jure Taking
New York has two separate ways to acquire title by the exercise of eminent domain. The Eminent Domain Procedure Law sets forth those two procedures depending on who is the condemnor. EDPL Sec. 501. A condemnor can file an appropriation map in the County Clerk’s Office, or it can file a petition to condemn in the Supreme Court. The petition will request an order to file an acquisition map in the County Clerk’s Office.
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