§ 505 — Proof of title; conflicting claims

New York § 505

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

Text

§ 505. Proof of title; conflicting claims. (A) Each condemnor shall\nreceive proof of title to property acquired together with proof of liens\nor encumbrances thereon, prior to trial.\n (B) Where a condemnor disputes a condemnee's title or a right to all\nor a portion of an award or a prospective award by reason of conflicting\nclaims of title, or if there is uncertainty as to how such payment\nshould be apportioned, the court, upon motion of any party, shall\ninterplead anyone claiming or imputed to have such a conflicting claim\nor interest. A party so interpleaded shall be served with the order of\ninterpleader in a manner ordered by the court. In the case of\nacquisitions under the jurisdiction of the court of claims, a party so\nserved and not otherwise barred from filing a claim shall, within one\nhundred twenty days from the date of service, file a claim independently\nof the claim to which he has been a party. If the party interpleaded\nfails to file a claim independently of the claim to which he has been\nmade a party, he may not thereafter file such an independent claim.\n (C) The court shall determine the compensation due the condemnees as\nwell as the respective interests and rights of all parties to the award\nand the apportionment thereof. The court shall have jurisdiction to\ndetermine all questions relating to title and priority of interests\nincident to the acquisition.\n