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N.Y. EDP Law § 401

This is the official text of N.Y. EDP Law § 401, part of New York’s EDP Law — part of the compiled statutory law of New York, published by the state as "EDP Law." Browse the sections below, each linked to its official government source.

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Time for acquisition

Official statutory text

§ 401. Time for acquisition. (A) The condemnor may commence\nproceedings under this article to acquire the property necessary for the\nproposed public project up to three years after conclusion of the later\nof:\n (1) publication of its determination and findings pursuant to section\ntwo hundred four, or\n (2) the date of the order or completion of the procedure that\nconstitutes the basis of exemption under section two hundred six, or\n (3) entry of the final order or judgment on judicial review pursuant\nto section two hundred seven of this chapter.\n (B) If the condemnor has not commenced the proceedings under this\narticle to acquire the property prior to the expiration of such three\nyear period the project shall be deemed abandoned, and thereafter,\nbefore commencing proceedings under this article the condemnor must\nagain comply with the provisions of article two; provided, however, that\nthe preceding shall not operate to bar the acquisition of property for\nwhich title cannot be certified by the state attorney general or\nappropriate legal officer or attorney of the condemnor in acquisition\npursuant to subdivision (B) of section five hundred one of this chapter\nwithin such three year period. Such property shall be acquired\nthereafter as soon as practicable.\n (C) In the event property is to be acquired for a public project in\nstages, the condemnor after conducting a required public hearing for the\nentire project need not conduct additional hearings for subsequent\nstages, provided that proceedings under this article with respect to the\nproperty necessary for the first stage were commenced within such three\nyear period and provided further, that all proceedings under this\narticle with respect to property for the project are commenced within\nten years from the dates hereinabove set forth in paragraphs one, two\nand three of subdivision (A).\n (D) In the event additional property must be acquired after the three\nyear period, because of field conditions, such acquisition shall be made\nas soon as practicable.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.