New York § 406 Abandonment

New York Statutes

§ 406 — Abandonment

New York § 406

Law EDPEminent Domain Procedure

Art. 4Vesting; Possession; Abandonment

This text of New York § 406 (Abandonment) 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 § 406 (2026).

Text

§ 406. Abandonment.

(A)If, after an acquisition in fee pursuant to\nthe provisions of this chapter, the condemnor shall abandon the project\nfor which the property was acquired, and the property has not been\nmaterially improved, the condemnor shall not dispose of the property or\nany portion thereof for private use within ten years of acquisition\nwithout first offering the former fee owner of record at the time of\nacquisition a right of first refusal to purchase the property at the\namount of the fair market value of such property at the time of such\noffer. In the event that the acquisition was a partial taking in fee,\nsuch offer need not be made unless such former fee owner has title to\nthe contiguous remainder parcel at the time the condemnor determines to\ndispose of the proper

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§ 406. Abandonment. (A) If, after an acquisition in fee pursuant to\nthe provisions of this chapter, the condemnor shall abandon the project\nfor which the property was acquired, and the property has not been\nmaterially improved, the condemnor shall not dispose of the property or\nany portion thereof for private use within ten years of acquisition\nwithout first offering the former fee owner of record at the time of\nacquisition a right of first refusal to purchase the property at the\namount of the fair market value of such property at the time of such\noffer. In the event that the acquisition was a partial taking in fee,\nsuch offer need not be made unless such former fee owner has title to\nthe contiguous remainder parcel at the time the condemnor determines to\ndispose of the property. A notice of the offer shall be served on the\nformer fee owner by registered or certified mail return receipt\nrequested. Such former fee owner shall have sixty days after service of\nsuch notice to serve a written acceptance upon the condemnor.\n (B) Where the condemnor has in good faith and with reasonable\ndiligence attempted to ascertain the identity of persons entitled to\nnotice under this section and mailed notice to the last known address of\nrecord of those ascertained, the failure to in fact notify those persons\nentitled thereto shall not invalidate any subsequent disposition of\nproperty pursuant to this section.\n