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New York Eminent Domain Procedure Law Section 406 - AbandonmentLegal Research Home > New York Lawyer
§ 406. Abandonment. (A) If, after an acquisition in fee pursuant to
the provisions of this chapter, the condemnor shall abandon the project
for which the property was acquired, and the property has not been
materially improved, the condemnor shall not dispose of the property or
any portion thereof for private use within ten years of acquisition
without first offering the former fee owner of record at the time of
acquisition a right of first refusal to purchase the property at the
amount of the fair market value of such property at the time of such
offer. In the event that the acquisition was a partial taking in fee,
such offer need not be made unless such former fee owner has title to
the contiguous remainder parcel at the time the condemnor determines to
dispose of the property. A notice of the offer shall be served on the
former fee owner by registered or certified mail return receipt
requested. Such former fee owner shall have sixty days after service of
such notice to serve a written acceptance upon the condemnor.
(B) Where the condemnor has in good faith and with reasonable
diligence attempted to ascertain the identity of persons entitled to
notice under this section and mailed notice to the last known address of
record of those ascertained, the failure to in fact notify those persons
entitled thereto shall not invalidate any subsequent disposition of
property pursuant to this section.
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Last modified: August 24, 2006 |