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New York Eminent Domain Procedure Law Section 505 - Proof Of Title; Conflicting Claims.Legal Research Home > New York Lawyer
§ 505. Proof of title; conflicting claims. (A) Each condemnor shall
receive proof of title to property acquired together with proof of liens
or encumbrances thereon, prior to trial.
(B) Where a condemnor disputes a condemnee's title or a right to all
or a portion of an award or a prospective award by reason of conflicting
claims of title, or if there is uncertainty as to how such payment
should be apportioned, the court, upon motion of any party, shall
interplead anyone claiming or imputed to have such a conflicting claim
or interest. A party so interpleaded shall be served with the order of
interpleader in a manner ordered by the court. In the case of
acquisitions under the jurisdiction of the court of claims, a party so
served and not otherwise barred from filing a claim shall, within one
hundred twenty days from the date of service, file a claim independently
of the claim to which he has been a party. If the party interpleaded
fails to file a claim independently of the claim to which he has been
made a party, he may not thereafter file such an independent claim.
(C) The court shall determine the compensation due the condemnees as
well as the respective interests and rights of all parties to the award
and the apportionment thereof. The court shall have jurisdiction to
determine all questions relating to title and priority of interests
incident to the acquisition.
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Last modified: August 24, 2006 |