This text of New York § 401 (Time for acquisition) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 401. Time for acquisition.
(A)The condemnor may commence\nproceedings under this article to acquire the property necessary for the\nproposed public project up to three years after conclusion of the later\nof:\n (1) publication of its determination and findings pursuant to section\ntwo hundred four, or\n (2) the date of the order or completion of the procedure that\nconstitutes the basis of exemption under section two hundred six, or\n (3) entry of the final order or judgment on judicial review pursuant\nto section two hundred seven of this chapter.\n (B) If the condemnor has not commenced the proceedings under this\narticle to acquire the property prior to the expiration of such three\nyear period the project shall be deemed abandoned, and thereafter,\nbefore commencing proceeding
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§ 401. Time for acquisition. (A) The condemnor may commence\nproceedings under this article to acquire the property necessary for the\nproposed public project up to three years after conclusion of the later\nof:\n (1) publication of its determination and findings pursuant to section\ntwo hundred four, or\n (2) the date of the order or completion of the procedure that\nconstitutes the basis of exemption under section two hundred six, or\n (3) entry of the final order or judgment on judicial review pursuant\nto section two hundred seven of this chapter.\n (B) If the condemnor has not commenced the proceedings under this\narticle to acquire the property prior to the expiration of such three\nyear period the project shall be deemed abandoned, and thereafter,\nbefore commencing proceedings under this article the condemnor must\nagain comply with the provisions of article two; provided, however, that\nthe preceding shall not operate to bar the acquisition of property for\nwhich title cannot be certified by the state attorney general or\nappropriate legal officer or attorney of the condemnor in acquisition\npursuant to subdivision (B) of section five hundred one of this chapter\nwithin such three year period. Such property shall be acquired\nthereafter as soon as practicable.\n (C) In the event property is to be acquired for a public project in\nstages, the condemnor after conducting a required public hearing for the\nentire project need not conduct additional hearings for subsequent\nstages, provided that proceedings under this article with respect to the\nproperty necessary for the first stage were commenced within such three\nyear period and provided further, that all proceedings under this\narticle with respect to property for the project are commenced within\nten years from the dates hereinabove set forth in paragraphs one, two\nand three of subdivision (A).\n (D) In the event additional property must be acquired after the three\nyear period, because of field conditions, such acquisition shall be made\nas soon as practicable.\n