Section 502. Service of notice of acquisition  


Latest version.
  • (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.