N.Y. Eminent Domain Procedure Law 503 – Filing and service of claims; notice of appearance
§ 503. Filing and service of claims; notice of appearance. (A) In a claim for damages arising from the acquisition of real property under subdivision (A) of section five hundred one herein, a condemnee shall file within three years after service of the notice of acquisition or date of vesting, whichever is later, or within such time as is fixed by order of the court pursuant to sections five hundred five and five hundred twelve, a claim for damages with the clerk of the court having jurisdiction of the matter, and a copy of said claim upon such other official designated in the notice of acquisition to receive such service. In any acquisition pursuant to subdivision (A) of section five hundred one service shall be upon the attorney general. The claimant may, at any time subsequent to the running of the three year period, receive the amount of the condemnor's offer upon proof of his entitlement thereto. The failure of a condemnee to file a claim within such three year period shall be deemed an acceptance of the amount paid as full settlement of such claim.
Terms Used In N.Y. Eminent Domain Procedure Law 503
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(B) In a claim for damages arising from the acquisition of real property under subdivision (B) of section five hundred one herein, a condemnee shall, within the time specified by the court, file a written claim, or notice of appearance with the clerk of the court having jurisdiction of the matter and a copy of the same shall be served upon either the condemnor's chief legal officer or upon such other official designated in the notice of acquisition.
(C) In the event that a claim is made for compensation for fixtures or for any interest other than the fee in the real property acquired, a copy of such claim together with a schedule of fixture items, where applicable, shall also be served by such claimant upon the fee owner of the real property, and the condemnor's chief legal officer or upon such other official designated in the notice of acquisition.