Can the state of New York take my property through eminent domain?

What the Law Says

New York’s power of eminent domain is grounded in both the U.S. and New York Constitutions and implemented through the Eminent Domain Procedure Law (EDPL). The law strictly limits when and how the government may take private property.

The New York State Constitution states: 'Private property shall not be taken for public use without just compensation.' This is found in Article I, Section 7 — the state’s equivalent of the federal Fifth Amendment’s Takings Clause.

The Eminent Domain Procedure Law (EDPL) governs every step of the process. Under EDPL § 201, a condemning authority must first determine that the proposed project serves a 'public use' or 'public benefit' and that the taking is necessary.

Before filing a petition to condemn, the agency must provide written notice to affected property owners and hold a public hearing. Owners have 30 days after notice to submit objections — a critical deadline for preserving legal rights.

Compensation is based on the property’s 'fair market value' as of the date of the vesting of title — not what the owner paid or hopes to get. That value includes the land, improvements, and any damages to remaining property.

Statutory Text

Private property shall not be taken for public use without just compensation.

— N.Y. Const. art. I, § 7 — Taking of private property

Statutory Text

A public corporation or officer or agency of the state may acquire private property only for a public use and only in accordance with the provisions of this article.

— Eminent Domain Procedure Law § 201 — Public use requirement

What to Do

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