N.Y. Eminent Domain Procedure Law § 206: Exemptions

§ 206. Exemptions. The condemnor shall be exempt from compliance with

the provisions of this article when:

(A) pursuant to other state, federal, or local law or regulation it

considers and submits factors similar to those enumerated in subdivision

(B) of section two hundred four, to a state, federal or local

governmental agency, board or commission before proceeding with the

acquisition and obtains a license, a permit, a certificate of public

convenience or necessity or other similar approval from such agency,

board, or commission or;

* (B) pursuant to article VII of the public service law it obtained a

certificate of environmental compatibility and public need or pursuant

to article VIII of the public service law it obtained a siting permit

with respect to a major electric transmission facility or;

* NB Effective until December 31, 2040

* (B) pursuant to article VII or article VIII of the public service

law it obtained a certificate of environmental compatibility and public

need or;

* NB Effective December 31, 2040

(C) pursuant to other law or regulation it undergoes or conducts or

offers to conduct prior to an acquisition one or more public hearings

upon notice to the public and owners of property to be acquired, and

provided further that factors similar to those enumerated in subdivision

(B) of section two hundred four herein may be considered at such public

hearings, or;

(D) when in the opinion of the condemnor the acquisition is de minimis

in nature so that the public interest will not be prejudiced by the

construction of the project or because of an emergency situation the

public interest will be endangered by any delay caused by the public

hearing requirement in this article.

(E) when it complies with the procedures contained in section 41.34 of

the mental hygiene law.