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New York · Through 2026-09-11

N.Y. Eminent Domain Procedure Law § 405: Possession

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Where this section sits in the code
  1. Eminent Domain Procedure Law
  2. Article 4. Vesting; Possession; Abandonment

§ 405. Possession. (A) If the condemnor has a right to possession of

real property as provided for in this law, and the condemnor shall deem

it necessary to cause the removal of a condemnee or other occupant it

may cause such condemnee or other occupant to be removed therefrom and

possession to be delivered to it, pursuant to the procedures of landlord

and tenant law, or by application to the supreme court in which the

proceeding is pending for a writ of assistance for possession or

pursuant to other law, except that no condemnee shall be required to

surrender possession prior to the condemnor's payment to him of its

advance payment or the deposit of such amount in accordance with article

three of this law, unless the condemnee has not complied with section

three hundred two of this law.

(B) No execution shall include costs in a dispossess proceeding.

Proceedings may be brought separately against one or more of the

condemnees or other occupants of a property, or one proceeding may be

brought against all or several of the condemnees or other occupants of

any or all property within the territorial jurisdiction of the court.

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

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