New York § 404 Right of entry prior to acquisition

New York Statutes

§ 404 — Right of entry prior to acquisition

New York § 404

Law EDPEminent Domain Procedure

Art. 4Vesting; Possession; Abandonment

This text of New York § 404 (Right of entry prior to 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.

Bluebook

N.Y. Eminent Domain Procedure § 404 (2026).

Text

  § 404. Right of entry prior to acquisition. The condemnor, its\nofficers, agents or contractors when acquiring real property in\naccordance with this law, or when engaged in work connected with a\nproposed public project, as described in this law, shall have the right\nto enter upon any real property for the purpose of making surveys, test\npits and borings, or other investigations, and also for temporary\noccupancy during construction. At a reasonable time prior to such entry,\nthe condemnor shall deliver notice personally or by first class mail, to\nthe property owner stating the necessity for the entry. The condemnor\nshall be liable to the owner for any damages caused by the condemnor as\na result of the entry; but such damages shall not entail duplicate\npayment of damages to be com

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§ 404. Right of entry prior to acquisition. The condemnor, its\nofficers, agents or contractors when acquiring real property in\naccordance with this law, or when engaged in work connected with a\nproposed public project, as described in this law, shall have the right\nto enter upon any real property for the purpose of making surveys, test\npits and borings, or other investigations, and also for temporary\noccupancy during construction. At a reasonable time prior to such entry,\nthe condemnor shall deliver notice personally or by first class mail, to\nthe property owner stating the necessity for the entry. The condemnor\nshall be liable to the owner for any damages caused by the condemnor as\na result of the entry; but such damages shall not entail duplicate\npayment of damages to be compensated for by the condemnor pursuant to\narticle three of this law. Entry damages, if any, shall not be deemed\nan acquisition.\n