N.Y. Eminent Domain Procedure Law 302 – Appraisals; prevesting discovery
§ 302. Appraisals; prevesting discovery. Real property to be acquired by the exercise of the power of eminent domain shall be appraised on behalf of the condemnor by an appraiser. In order to adequately prepare such appraisal upon which the condemnor's offer is based, the condemnor shall have the right to inspect such property prior to vesting. The owner, his agents or employees, tenants or other occupants shall upon reasonable notice by a written request by the condemnor, provide pertinent data or information including books and records necessary to prepare such appraisal. A party affected by such request may, where the request for such information is objected to as unreasonable or burdensome, petition a court of competent jurisdiction for relief.
Terms Used In N.Y. Eminent Domain Procedure Law 302
- Appraisal: A determination of property value.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Failure of the owner to comply with this section shall suspend the condemnor's obligation to make an offer to such owner pursuant to article three until such time as this information is provided.