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New York · Through 2026-09-11

N.Y. Eminent Domain Procedure Law § 204: Determination and findings

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  1. Eminent Domain Procedure Law
  2. Article 2. Determination of the Need and Location of a Public Project Prior to Acquisition

§ 204. Determination and findings. (A) The condemnor, within ninety

days after the conclusion of the public hearings held pursuant to this

article, shall make its determination and findings concerning the

proposed public project and shall publish a brief synopsis of such

determination and findings in at least two successive issues of an

official newspaper if there is one designated in the locality where the

project will be situated and in at least two successive issues of a

newspaper of general circulation in such locality. If the official

newspaper is one of general circulation in such locality, publication

therein as specified shall be deemed sufficient compliance. The synopsis

shall include those factors set forth in subdivision (B) herein, and

shall also state that copies of the determination and findings will be

forwarded upon written request without cost.

(B) The condemnor, in its determination and findings, shall specify,

but shall not be limited to the following:

(1) the public use, benefit or purpose to be served by the proposed

public project;

(2) the approximate location for the proposed public project and the

reasons for the selection of that location;

(3) the general effect of the proposed project on the environment and

residents of the locality;

(4) such other factors as it considers relevant.

(C) Upon making the determination and findings, the condemnor shall

serve, by personal service or certified mail, return receipt requested,

a notice of the brief synopsis thereof upon each assessment record

billing owner or his or her attorney of record whose property may be

acquired. Such notice shall: (1) include the information required by

paragraph two of subdivision (B) of this section; (2) state that copies

of the determination and findings will be forwarded to such individuals

upon written request and without cost; (3) inform such individual that,

under section two hundred seven of this article, there are thirty days

from the completion of the condemnor's newspaper publication requirement

to seek judicial review of the condemnor's determination and findings;

and (4) inform such individual that, under sections two hundred seven

and two hundred eight of this article, the exclusive venue for judicial

review of the condemnor's determination and findings is the appellate

division of the supreme court in the judicial department where any part

of the property to be condemned is located.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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