N.Y. Eminent Domain Procedure Law § 404: Right of entry prior to acquisition

§ 404. Right of entry prior to acquisition. The condemnor, its

officers, agents or contractors when acquiring real property in

accordance with this law, or when engaged in work connected with a

proposed public project, as described in this law, shall have the right

to enter upon any real property for the purpose of making surveys, test

pits and borings, or other investigations, and also for temporary

occupancy during construction. At a reasonable time prior to such entry,

the condemnor shall deliver notice personally or by first class mail, to

the property owner stating the necessity for the entry. The condemnor

shall be liable to the owner for any damages caused by the condemnor as

a result of the entry; but such damages shall not entail duplicate

payment of damages to be compensated for by the condemnor pursuant to

article three of this law. Entry damages, if any, shall not be deemed

an acquisition.