US-New YorkCan I challenge the amount offered in a condemnation proceeding?
Yes, you can challenge the amount offered in a condemnation proceeding in New York by filing an answer and demanding a jury trial on just compensation within 30 days of service of the petition.
What the Law Says
New York law gives property owners the right to contest the amount of just compensation offered in a condemnation (eminent domain) proceeding. The process is governed primarily by the New York Eminent Domain Procedure Law (EDPL).
Under EDPL § 502, once a condemnor files a petition to acquire your property, you have 30 days from service of the petition to file an answer. In that answer, you may dispute the amount of compensation offered and demand a trial by jury to determine just compensation.
EDPL § 503 requires that the condemnor deposit with the court the amount it estimates as just compensation before taking possession. However, this deposit does not bind you — you may still seek a higher amount at trial.
If you demand a jury trial, EDPL § 504 provides that seven jurors will determine the amount of just compensation, and their verdict must be unanimous on the amount awarded.
Statutory TextThe respondent shall serve and file an answer within thirty days after service of the petition.
— EDPL § 502(1) — Answer to petition
Statutory TextThe condemnor shall deposit with the clerk of the court the amount of money which it estimates to be just compensation...
— EDPL § 503(1) — Deposit of estimated compensation
Statutory TextThe issue of just compensation shall be determined by a jury of seven persons...
— EDPL § 504(1) — Trial by jury
What Courts Have Said
New York courts consistently uphold a property owner’s right to challenge compensation — emphasizing that just compensation is a constitutional right under both the U.S. and New York Constitutions.
The Court reaffirmed that EDPL § 502’s 30-day deadline to answer is jurisdictional — failure to timely answer waives the right to contest compensation.
Held that a property owner may introduce evidence of highest and best use, comparable sales, and income approaches to support a higher valuation—even if the condemnor’s appraisal differed.
What to Do
Review the condemnation petition and notice immediately upon receipt.
Within 30 days, file a formal Answer with the court denying the offered amount and demanding a jury trial on just compensation.
Pay the $10,000 jury demand fee (or apply for a fee waiver if eligible) — required under EDPL § 504(2).
Gather evidence: appraisals, comparable sales, zoning records, and income data supporting your valuation.
Attend pre-trial conferences and prepare for trial — or negotiate a settlement before trial.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.