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Can You Contest Eminent Domain in NY?

For those not in the know, eminent domain is another word for condemnation – the right of the government to take private property for a public purpose. Various examples include making way for a road or public park or to provide housing for disadvantaged persons. Both the United States and New York Constitutions require the government to pay you fair compensation if it takes your property. For more information on whether or not you can legally contest eminent domain in NY, please read on, then contact an experienced Rockland County real estate litigation attorney today.

What do you do if you do not agree with eminent domain in NY?

The law allows you to challenge a municipality or agency’s determination that your property is necessary for a public use. An aggrieved person or affected property owner has thirty days for the condemnor’s publication in the newspaper of its determination and findings in which to raise an appeal. Such petitions for appeal must be filed in the appellate division of the supreme court in the county in which the property is located, and are limited to the issues, facts and objections raised at the hearing. The supreme court’s determination is limited to whether or not the hearing complied with all provisions of the law and whether or not a public use, benefit or purpose will be served by the proposed acquisition.

The truth is, in most cases, you will not be able to prevent the government from acquiring your land, but you are entitled to just compensation under eminent domain law.

How does NY determine just compensation for eminent domain?

The law requires the State to pay each property owner the fair market value which, generally, is the same amount of money that the sale of the property would bring under current market conditions as of the date of the State’s acquisition. In making its appraisal, the State examines the various features of your property and the prices at which properties similar to yours are being sold.

What if you do not agree with the State’s monetary offer?

If you are unable to arrive at an agreement, the law permits you to file a claim in the State Court of Claims. You have a time limitation for the filing of claims but you will have at least three years from the date you are personally notified that the State has acquired your property. Subsequently, a trial will be held before the Court to adjudicate your claim. You will be required to submit an appraisal to the Court, as will the State, and the Court will determine the amounts of compensable damages.

To ensure you receive just compensation, you should speak with a skilled Rockland County real estate attorney today.

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If you require an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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