New York EDP Code § 204

Determination and findings
Open in Lexace · Ask the AI about this section
§ 204. Determination and findings. (A) The condemnor, within ninety\ndays after the conclusion of the public hearings held pursuant to this\narticle, shall make its determination and findings concerning the\nproposed public project and shall publish a brief synopsis of such\ndetermination and findings in at least two successive issues of an\nofficial newspaper if there is one designated in the locality where the\nproject will be situated and in at least two successive issues of a\nnewspaper of general circulation in such locality. If the official\nnewspaper is one of general circulation in such locality, publication\ntherein as specified shall be deemed sufficient compliance. The synopsis\nshall include those factors set forth in subdivision (B) herein, and\nshall also state that copies of the determination and findings will be\nforwarded upon written request without cost.\n  (B) The condemnor, in its determination and findings, shall specify,\nbut shall not be limited to the following:\n  (1) the public use, benefit or purpose to be served by the proposed\npublic project;\n  (2) the approximate location for the proposed public project and the\nreasons for the selection of that location;\n  (3) the general effect of the proposed project on the environment and\nresidents of the locality;\n  (4) such other factors as it considers relevant.\n  (C) Upon making the determination and findings, the condemnor shall\nserve, by personal service or certified mail, return receipt requested,\na notice of the brief synopsis thereof upon each assessment record\nbilling owner or his or her attorney of record whose property may be\nacquired. Such notice shall: (1) include the information required by\nparagraph two of subdivision (B) of this section; (2) state that copies\nof the determination and findings will be forwarded to such individuals\nupon written request and without cost; (3) inform such individual that,\nunder section two hundred seven of this article, there are thirty days\nfrom the completion of the condemnor's newspaper publication requirement\nto seek judicial review of the condemnor's determination and findings;\nand (4) inform such individual that, under sections two hundred seven\nand two hundred eight of this article, the exclusive venue for judicial\nreview of the condemnor's determination and findings is the appellate\ndivision of the supreme court in the judicial department where any part\nof the property to be condemned is located.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.