N.Y. Eminent Domain Procedure Law § 401: Time for acquisition

§ 401. Time for acquisition. (A) The condemnor may commence

proceedings under this article to acquire the property necessary for the

proposed public project up to three years after conclusion of the later

of:

(1) publication of its determination and findings pursuant to section

two hundred four, or

(2) the date of the order or completion of the procedure that

constitutes the basis of exemption under section two hundred six, or

(3) entry of the final order or judgment on judicial review pursuant

to section two hundred seven of this chapter.

(B) If the condemnor has not commenced the proceedings under this

article to acquire the property prior to the expiration of such three

year period the project shall be deemed abandoned, and thereafter,

before commencing proceedings under this article the condemnor must

again comply with the provisions of article two; provided, however, that

the preceding shall not operate to bar the acquisition of property for

which title cannot be certified by the state attorney general or

appropriate legal officer or attorney of the condemnor in acquisition

pursuant to subdivision (B) of section five hundred one of this chapter

within such three year period. Such property shall be acquired

thereafter as soon as practicable.

(C) In the event property is to be acquired for a public project in

stages, the condemnor after conducting a required public hearing for the

entire project need not conduct additional hearings for subsequent

stages, provided that proceedings under this article with respect to the

property necessary for the first stage were commenced within such three

year period and provided further, that all proceedings under this

article with respect to property for the project are commenced within

ten years from the dates hereinabove set forth in paragraphs one, two

and three of subdivision (A).

(D) In the event additional property must be acquired after the three

year period, because of field conditions, such acquisition shall be made

as soon as practicable.