Legislation
SECTION 502
Service of notice of acquisition
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 5
§ 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.
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.