New York Statutes

§ 701 — Additional allowance

New York·Law EDP Eminent Domain Procedure·Art. 7 Miscellaneous Provisions
§ 701. Additional allowance. In instances where the order or award is\nsubstantially in excess of the amount of the condemnor's proof and where\ndeemed necessary by the court for the condemnee to achieve just and\nadequate compensation, the court, upon application, notice and an\nopportunity for hearing, may in its discretion, award to the condemnee\nan additional amount, separately computed and stated, for actual and\nnecessary costs, disbursements and expenses, including reasonable\nattorney, appraiser and engineer fees actually incurred by such\ncondemnee. The application shall include affidavits of the condemnee and\nall parties that have incurred expenses on the condemnee's behalf,\nsetting forth inter alia the amount of the expenses incurred.\n

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