§ 502 — Service of notice of acquisition

New York § 502

• Jurisdiction: New York
• Law EDP: Eminent Domain Procedure
• Art. 5: Procedure For Determining Just Compensation

Text

§ 502. Service of notice of acquisition. (A) In all acquisitions in\nwhich the court of claims has jurisdiction under subdivision (A) of\nsection five hundred one, and provided certification pursuant to section\nfour hundred three of this law has been made, the condemnor, within\nninety days after filing the acquisition map pursuant to subdivision (A)\nof section four hundred two of this law, shall serve, either by personal\nservice or by certified mail, upon each condemnee a notice of\nacquisition and a copy of that portion of the acquisition map affecting\nthe condemnee's property. Thereupon, the condemnor shall:\n (1) cause proof of such service to be filed and recorded in the\noffice of the county clerk or register whose duty it shall be, upon the\nfiling of the proof of such service, to record the same in the books in\nhis office used for recording deeds, and to index the same in the deed\nindex books in his office, listing the names of the persons served as\ngrantors. The record of the proof of such service shall be presumptive\nevidence of due service of such map and notice of acquisition on the\nperson served. Service of a copy of such map and notice shall not be\nrequired to be made on any condemnee whose claim arising from or growing\nout of such acquisition has been adjusted; and\n (2) if it is unable to serve a copy of such map and notice of\nacquisition, or cause the same to be served upon a condemnee personally\nwithin the state, after making an effort so to do, service in lieu\nthereof may be made by the condemnor by causing such map and notice of\nacquisition to be filed in the office of the county clerk or register\naforesaid, and by causing such notice to be recorded in said office; and\n (3) simultaneously therewith, cause a certificate to be filed and\nrecorded in said office, which certificate shall state that the\ncondemnor has been unable to serve a copy of such map and notice of\nacquisition, or cause the same to be served upon such condemnee\npersonally within the state after a reasonable and proper effort to do\nso. The certificate shall direct that service be effected by filing and\nrecording as herein provided. It shall be the duty of such county clerk\nor register, upon filing of the notice of acquisition and certificate,\nto record the same in the books in his office used for recording deeds,\nand to index the same in the deed index books in his office, listing the\nperson named in such certificate as a grantor. The record of such\nnotice and certificate shall be presumptive evidence of due service of\nsuch acquisition map and notice of acquisition on the person named in\nsaid certificate.\n (B) In all acquisitions in which the supreme court has jurisdiction\nunder subdivision (B) of section five hundred one, the condemnor, within\nthirty days after entry of the order granting the petition vesting\ntitle, shall cause a notice of acquisition to be either served upon each\ncondemnee or his attorney of record pursuant to the civil practice law\nand rules or published in at least ten successive issues of the official\nnewspaper in the locality where the project will be situated or in at\nleast ten successive issues of a newspaper of general circulation in\nsuch locality. In the event that the only newspaper available in such\nlocality is a weekly publication, the above described notice shall be\npublished in such newspaper in at least three successive issues. In the\nevent the notice of acquisition is published, a copy of such notice\nshall also be mailed by first class mail to each condemnee or his\nattorney of record. The notice shall contain a general description of\nthe real property acquired, and shall also set forth:\n (1) the date the order vesting title was entered,\n (2) that the acquisition map has been filed,\n (3) the office where such order has been entered and where such map\nhas been filed; and\n (4) direct that condemnees of such property shall, on or before a date\ntherein specified, file a written claim, or notice of appearance\npursuant to section five hundred three herein with the condemnor and the\nclerk of the court of the county in which the order has been filed.\n