Introduced by Sens. LEIBELL, OPPENHEIMER — read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the eminent domain procedure law, in relation to requiring that a condemnor serve written notice of a required pre-acquisition public hearing to each condemnee or his or her attorney of record
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
1 Section 1. Section 202 of the eminent domain procedure law,
as amended
2 by chapter 356 of the laws of 1982, is amended to read as follows:
3 § 202. Notice. (A) Where a public hearing is required by
this article
4 the condemnor shall give notice to the public of the purpose,
time and
5 location of its hearing setting forth the proposed location
of the
6 public project including any proposed alternate locations, at
least ten
7 but no more than thirty days prior to such public hearing by
causing
8 such notice to be published in at least five successive issues
of an
9 official daily newspaper if there is one designated in the locality
10 where the project will be situated and in at least five successive
11 issues of a daily newspaper of general circulation in such
locality. If
12 the official newspaper is one of general circulation in such
locality,
13 publication therein as specified shall be deemed sufficient
compliance.
14 (B) In the event that the only newspaper available in such
locality is
15 a weekly publication the above described notice shall be published
in
16 such newspaper in at least two successive issues.
17 (C) The condemnor shall serve, either by personal service
or certified
18 mail, a notice of the purpose, time, date and location of
a public hear-
19 ing required by this article to each condemnee or his or
her attorney of
20 record. Such notice shall be served at least ten but no
more than thirty
21 days prior to such public hearing.
22 (D) Inadvertent failure to notify a person or persons entitled
to
23 notice under this section shall not be jurisdictional nor construed
to
24 affect the validity of any title acquired by a condemnor under
this law.
25 § 2. This act shall take effect on the ninetieth day after
it shall
26 have become a law.
EXPLANATION—Matter in italics (underscored) is
new; matter in brackets
[ ] is old law to be omitted.
LBD11102-02-2
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