§ 206 — Exemptions

New York § 206

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

Text

§ 206. Exemptions. The condemnor shall be exempt from compliance with\nthe provisions of this article when:\n (A) pursuant to other state, federal, or local law or regulation it\nconsiders and submits factors similar to those enumerated in subdivision\n(B) of section two hundred four, to a state, federal or local\ngovernmental agency, board or commission before proceeding with the\nacquisition and obtains a license, a permit, a certificate of public\nconvenience or necessity or other similar approval from such agency,\nboard, or commission or;\n * (B) pursuant to article VII of the public service law it obtained a\ncertificate of environmental compatibility and public need or pursuant\nto article VIII of the public service law it obtained a siting permit\nwith respect to a major electric transmission facility or;\n * NB Effective until December 31, 2040\n * (B) pursuant to article VII or article VIII of the public service\nlaw it obtained a certificate of environmental compatibility and public\nneed or;\n * NB Effective December 31, 2040\n (C) pursuant to other law or regulation it undergoes or conducts or\noffers to conduct prior to an acquisition one or more public hearings\nupon notice to the public and owners of property to be acquired, and\nprovided further that factors similar to those enumerated in subdivision\n(B) of section two hundred four herein may be considered at such public\nhearings, or;\n (D) when in the opinion of the condemnor the acquisition is de minimis\nin nature so that the public interest will not be prejudiced by the\nconstruction of the project or because of an emergency situation the\npublic interest will be endangered by any delay caused by the public\nhearing requirement in this article.\n (E) when it complies with the procedures contained in section 41.34 of\nthe mental hygiene law.\n