N.Y. Eminent Domain Procedure Law 502 – Service of notice of acquisition
§ 502. Service of notice of acquisition. (A) In all acquisitions in which the court of claims has jurisdiction under subdivision (A) of section five hundred one, and provided certification pursuant to section four hundred three of this law has been made, the condemnor, within ninety days after filing the acquisition map pursuant to subdivision (A) of section four hundred two of this law, shall serve, either by personal service or by certified mail, upon each condemnee a notice of acquisition and a copy of that portion of the acquisition map affecting the condemnee's property. Thereupon, the condemnor shall:
Terms Used In N.Y. Eminent Domain Procedure Law 502
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- 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.
(1) cause proof of such service to be filed and recorded in the office of the county clerk or register whose duty it shall be, upon the filing of the proof of such service, to record the same in the books in his office used for recording deeds, and to index the same in the deed index books in his office, listing the names of the persons served as grantors. The record of the proof of such service shall be presumptive evidence of due service of such map and notice of acquisition on the person served. Service of a copy of such map and notice shall not be required to be made on any condemnee whose claim arising from or growing out of such acquisition has been adjusted; and
(2) if it is unable to serve a copy of such map and notice of acquisition, or cause the same to be served upon a condemnee personally within the state, after making an effort so to do, service in lieu thereof may be made by the condemnor by causing such map and notice of acquisition to be filed in the office of the county clerk or register aforesaid, and by causing such notice to be recorded in said office; and
(3) simultaneously therewith, cause a certificate to be filed and recorded in said office, which certificate shall state that the condemnor has been unable to serve a copy of such map and notice of acquisition, or cause the same to be served upon such condemnee personally within the state after a reasonable and proper effort to do so. The certificate shall direct that service be effected by filing and recording as herein provided. It shall be the duty of such county clerk or register, upon filing of the notice of acquisition and certificate, to record the same in the books in his office used for recording deeds, and to index the same in the deed index books in his office, listing the person named in such certificate as a grantor. The record of such notice and certificate shall be presumptive evidence of due service of such acquisition map and notice of acquisition on the person named in said certificate.
(B) In all acquisitions in which the supreme court has jurisdiction under subdivision (B) of section five hundred one, the condemnor, within thirty days after entry of the order granting the petition vesting title, shall cause a notice of acquisition to be either served upon each condemnee or his attorney of record pursuant to the civil practice law and rules or published in at least ten successive issues of the official newspaper in the locality where the project will be situated or in at least ten successive issues of a newspaper of general circulation in such locality. In the event that the only newspaper available in such locality is a weekly publication, the above described notice shall be published in such newspaper in at least three successive issues. In the event the notice of acquisition is published, a copy of such notice shall also be mailed by first class mail to each condemnee or his attorney of record. The notice shall contain a general description of the real property acquired, and shall also set forth:
(1) the date the order vesting title was entered,
(2) that the acquisition map has been filed,
(3) the office where such order has been entered and where such map has been filed; and
(4) direct that condemnees of such property shall, on or before a date therein specified, file a written claim, or notice of appearance pursuant to section five hundred three herein with the condemnor and the clerk of the court of the county in which the order has been filed.