N.Y. Eminent Domain Procedure Law 505 – Proof of title; conflicting claims
§ 505. Proof of title; conflicting claims. (A) Each condemnor shall receive proof of title to property acquired together with proof of liens or encumbrances thereon, prior to trial.
Terms Used In N.Y. Eminent Domain Procedure Law 505
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) Where a condemnor disputes a condemnee's title or a right to all or a portion of an award or a prospective award by reason of conflicting claims of title, or if there is uncertainty as to how such payment should be apportioned, the court, upon motion of any party, shall interplead anyone claiming or imputed to have such a conflicting claim or interest. A party so interpleaded shall be served with the order of interpleader in a manner ordered by the court. In the case of acquisitions under the jurisdiction of the court of claims, a party so served and not otherwise barred from filing a claim shall, within one hundred twenty days from the date of service, file a claim independently of the claim to which he has been a party. If the party interpleaded fails to file a claim independently of the claim to which he has been made a party, he may not thereafter file such an independent claim.
(C) The court shall determine the compensation due the condemnees as well as the respective interests and rights of all parties to the award and the apportionment thereof. The court shall have jurisdiction to determine all questions relating to title and priority of interests incident to the acquisition.