N.Y. Eminent Domain Procedure Law § 502: Service of notice of acquisition

§ 502. Service of notice of acquisition. (A) In all acquisitions in

which the court of claims has jurisdiction under subdivision (A) of

section five hundred one, and provided certification pursuant to section

four hundred three of this law has been made, the condemnor, within

ninety days after filing the acquisition map pursuant to subdivision (A)

of section four hundred two of this law, shall serve, either by personal

service or by certified mail, upon each condemnee a notice of

acquisition and a copy of that portion of the acquisition map affecting

the condemnee's property. Thereupon, the condemnor shall:

(1) cause proof of such service to be filed and recorded in the

office of the county clerk or register whose duty it shall be, upon the

filing of the proof of such service, to record the same in the books in

his office used for recording deeds, and to index the same in the deed

index books in his office, listing the names of the persons served as

grantors. The record of the proof of such service shall be presumptive

evidence of due service of such map and notice of acquisition on the

person served. Service of a copy of such map and notice shall not be

required to be made on any condemnee whose claim arising from or growing

out of such acquisition has been adjusted; and

(2) if it is unable to serve a copy of such map and notice of

acquisition, or cause the same to be served upon a condemnee personally

within the state, after making an effort so to do, service in lieu

thereof may be made by the condemnor by causing such map and notice of

acquisition to be filed in the office of the county clerk or register

aforesaid, and by causing such notice to be recorded in said office; and

(3) simultaneously therewith, cause a certificate to be filed and

recorded in said office, which certificate shall state that the

condemnor has been unable to serve a copy of such map and notice of

acquisition, or cause the same to be served upon such condemnee

personally within the state after a reasonable and proper effort to do

so. The certificate shall direct that service be effected by filing and

recording as herein provided. It shall be the duty of such county clerk

or register, upon filing of the notice of acquisition and certificate,

to record the same in the books in his office used for recording deeds,

and to index the same in the deed index books in his office, listing the

person named in such certificate as a grantor. The record of such

notice and certificate shall be presumptive evidence of due service of

such acquisition map and notice of acquisition on the person named in

said certificate.

(B) In all acquisitions in which the supreme court has jurisdiction

under subdivision (B) of section five hundred one, the condemnor, within

thirty days after entry of the order granting the petition vesting

title, shall cause a notice of acquisition to be either served upon each

condemnee or his attorney of record pursuant to the civil practice law

and rules or published in at least ten successive issues of the official

newspaper in the locality where the project will be situated or in at

least ten successive issues of a newspaper of general circulation in

such locality. In the event that the only newspaper available in such

locality is a weekly publication, the above described notice shall be

published in such newspaper in at least three successive issues. In the

event the notice of acquisition is published, a copy of such notice

shall also be mailed by first class mail to each condemnee or his

attorney of record. The notice shall contain a general description of

the real property acquired, and shall also set forth:

(1) the date the order vesting title was entered,

(2) that the acquisition map has been filed,

(3) the office where such order has been entered and where such map

has been filed; and

(4) direct that condemnees of such property shall, on or before a date

therein specified, file a written claim, or notice of appearance

pursuant to section five hundred three herein with the condemnor and the

clerk of the court of the county in which the order has been filed.