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Property Rights Foundation of America®
Founded 1994

STATE OF NEW YORK

7192

IN SENATE

April 15, 2002

 

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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