New York Eminent Domain Procedure Law Section 305 - Use And Occupancy

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    § 305.  Use  and  occupancy.  (A) A condemnee, tenant or other person
  holding, using or occupying property acquired pursuant to this  chapter,
  shall  be  liable  to the condemnor for the fair and reasonable value of
  such holding, use or occupancy from the date of acquisition to the  date
  the  property  is  vacated  and possession surrendered to the condemnor.
  Provided, however, that in  the  event  the  property  at  the  time  of
  acquisition  is  occupied  by the former owner for residential purposes,
  the liability of such former owner for the fair and reasonable value  of
  such  residential holding shall not commence until ninety days after the
  date of acquisition or until the date on which the property ceases to be
  occupied by the former owner for residential purposes, whichever  occurs
  first.
    (B) The amount of the fair and reasonable value for such temporary use
  and  occupancy  established  by  the  condemnor  shall  be  paid  to the
  condemnor at reasonable intervals; any amount due  and  payable  may  be
  retained  by the condemnor from any unpaid damage or consideration to be
  paid by it to such condemnee, tenant or other person for the property or
  interest therein acquired from him. Either party may bring an action and
  make application to a court of competent jurisdiction to  establish  the
  fair  and  reasonable  amount  of  money  due  for  such holding, use or
  occupancy of the property, in the event the  value  established  by  the
  condemnor  is  unacceptable.  The  condemnor  may  enforce  any judgment
  ensuing from such actions according to the applicable provisions of law.
    (C) Where a condemnee,  tenant  or  other  person  holding,  using  or
  occupying  property  acquired pursuant to this chapter is entitled to an
  award for the acquisition of the property by the condemnor,  any  unpaid
  portion  of  the  sum  fixed  for use and occupancy either by agreement,
  expressed or implied, or by court action to establish the same, shall be
  a lien against such award, or payment  by  agreement,  subject  only  to
  liens of record at the time of the vesting of title in the condemnor and
  liens under section four hundred seventy-five of the judiciary law.

Last modified: August 24, 2006