Laws of New York (Last Updated: November 21, 2014) |
EDP Eminent Domain Procedure |
Article 5. PROCEDURE FOR DETERMINING JUST COMPENSATION |
Section 503. Filing and service of claims; notice of appearance
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(A) In a claim for damages arising from the acquisition of real property under subdivision (A) of section five hundred one herein, a condemnee shall file within three years after service of the notice of acquisition or date of vesting, whichever is later, or within such time as is fixed by order of the court pursuant to sections five hundred five and five hundred twelve, a claim for damages with the clerk of the court having jurisdiction of the matter, and a copy of said claim upon such other official designated in the notice of acquisition to receive such service. In any acquisition pursuant to subdivision (A) of section five hundred one service shall be upon the attorney general. The claimant may, at any time subsequent to the running of the three year period, receive the amount of the condemnor's offer upon proof of his entitlement thereto. The failure of a condemnee to file a claim within such three year period shall be deemed an acceptance of the amount paid as full settlement of such claim. (B) In a claim for damages arising from the acquisition of real property under subdivision (B) of section five hundred one herein, a condemnee shall, within the time specified by the court, file a written claim, or notice of appearance with the clerk of the court having jurisdiction of the matter and a copy of the same shall be served upon either the condemnor's chief legal officer or upon such other official designated in the notice of acquisition. (C) In the event that a claim is made for compensation for fixtures or for any interest other than the fee in the real property acquired, a copy of such claim together with a schedule of fixture items, where applicable, shall also be served by such claimant upon the fee owner of the real property, and the condemnor's chief legal officer or upon such other official designated in the notice of acquisition.