N.Y. Eminent Domain Procedure Law § 406: Abandonment

§ 406. Abandonment. (A) If, after an acquisition in fee pursuant to

the provisions of this chapter, the condemnor shall abandon the project

for which the property was acquired, and the property has not been

materially improved, the condemnor shall not dispose of the property or

any portion thereof for private use within ten years of acquisition

without first offering the former fee owner of record at the time of

acquisition a right of first refusal to purchase the property at the

amount of the fair market value of such property at the time of such

offer. In the event that the acquisition was a partial taking in fee,

such offer need not be made unless such former fee owner has title to

the contiguous remainder parcel at the time the condemnor determines to

dispose of the property. A notice of the offer shall be served on the

former fee owner by registered or certified mail return receipt

requested. Such former fee owner shall have sixty days after service of

such notice to serve a written acceptance upon the condemnor.

(B) Where the condemnor has in good faith and with reasonable

diligence attempted to ascertain the identity of persons entitled to

notice under this section and mailed notice to the last known address of

record of those ascertained, the failure to in fact notify those persons

entitled thereto shall not invalidate any subsequent disposition of

property pursuant to this section.