N.Y. Eminent Domain Procedure Law 405 – Possession
§ 405. Possession. (A) If the condemnor has a right to possession of real property as provided for in this law, and the condemnor shall deem it necessary to cause the removal of a condemnee or other occupant it may cause such condemnee or other occupant to be removed therefrom and possession to be delivered to it, pursuant to the procedures of landlord and tenant law, or by application to the supreme court in which the proceeding is pending for a writ of assistance for possession or pursuant to other law, except that no condemnee shall be required to surrender possession prior to the condemnor's payment to him of its advance payment or the deposit of such amount in accordance with article three of this law, unless the condemnee has not complied with section three hundred two of this law.
Terms Used In N.Y. Eminent Domain Procedure Law 405
- 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.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(B) No execution shall include costs in a dispossess proceeding. Proceedings may be brought separately against one or more of the condemnees or other occupants of a property, or one proceeding may be brought against all or several of the condemnees or other occupants of any or all property within the territorial jurisdiction of the court.