What process must the government follow before condemning my property?

What the Law Says

New York law strictly governs how and when the government may take private property for public use through eminent domain. The process is outlined in the New York Eminent Domain Procedure Law (EDPL), which balances governmental authority with property owners’ rights.

Before filing a condemnation petition, the condemnor must give the property owner written notice at least 30 days before any public hearing. This notice must include the purpose of the project, the property affected, and the owner’s right to object.

The government must also make a written offer of just compensation — and if the offer is $10,000 or more, it must be accompanied by an appraisal report. If no agreement is reached, the condemnor has 120 days from the date of the offer to file a petition in the New York Supreme Court.

A public hearing must be held where the owner may present evidence and cross-examine witnesses. After the hearing, the court determines whether the taking satisfies the 'public use' requirement and whether the proposed compensation is just.

Statutory Text

At least thirty days prior to the date set for the public hearing, the condemnor shall serve upon each owner of the property to be acquired... a written notice...

— EDPL § 204 — Notice of Public Hearing

Statutory Text

The condemnor shall make a written offer of just compensation to the owner... If the amount offered is ten thousand dollars or more, the offer shall be accompanied by a written appraisal...

— EDPL § 301 — Offer of Just Compensation

Statutory Text

Within one hundred twenty days after making the offer... the condemnor shall file a petition...

— EDPL § 301 — Filing Deadline

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