§ 202 — Notice

New York § 202

• Jurisdiction: New York
• Law EDP: Eminent Domain Procedure
• Art. 2: Determination of the Need and Location of a Public Project Prior to Acquisition

Text

§ 202. Notice. (A) Where a public hearing is required by this article\nthe condemnor shall give notice to the public of the purpose, time and\nlocation of its hearing setting forth the proposed location of the\npublic project including any proposed alternate locations, at least ten\nbut no more than thirty days prior to such public hearing by causing\nsuch notice to be published in at least five successive issues of an\nofficial daily newspaper if there is one designated in the locality\nwhere the project will be situated and in at least five successive\nissues of a daily newspaper of general circulation in such locality. If\nthe official newspaper is one of general circulation in such locality,\npublication therein as specified shall be deemed sufficient compliance.\n (B) In the event that the only newspaper available in such locality is\na weekly publication the above described notice shall be published in\nsuch newspaper in at least two successive issues.\n (C) (1) The condemnor shall serve, either by personal service or\ncertified mail, return receipt requested, a notice of the purpose, time,\ndate, and location of a public hearing required by this article to each\nassessment record billing owner or his or her attorney of record.\n (2) Such notice shall be served at least ten but no more than thirty\ndays prior to such public hearing. Such notice shall clearly state that\nthose property owners who may subsequently wish to challenge\ncondemnation of their property via judicial review may do so only on the\nbasis of issues, facts, and objections raised at such hearing.\n (D) Inadvertent failure to notify a person or persons entitled to\nnotice under this section shall not be jurisdictional nor construed to\naffect the validity of any title acquired by a condemnor under this law.\n