Are there any restrictions on the amount of time allotted for a taking?

In New York, the amount of time allotted for a taking of private property through eminent domain is restricted in several ways. First, the state of New York has established short time limits for the owner of a property to initiate an action in court if they are not satisfied with the compensation offered for their property. Specifically, the owner has 30 days to file an action in court after the Payment date or the date of rejection of the award of just compensation, whichever is earlier. Second, New York’s court rules also provide that the condemnor (state/agency) has to complete the taking proceedings (start the possession of the property) within two years from the date of the filing of its taking papers. This two year time period may be extended in certain circumstances, such as if the State/agency has not obtained all of the necessary consents during that time period. Finally, New York law provides that the State/agency has to actually take ownership of the property within ten years of the date of filing its papers with the court. If the taking is not completed within that timeframe, then the condemnor may need to refile its taking papers. Therefore, as set forth in New York state law, the amount of time allotted for a taking of private property is restricted in several ways.

Related FAQs

Does eminent domain apply to all types of property?
What is a public necessity?
Can my property be taken if I do not receive fair compensation?
What are the limits of eminent domain power?
What is eminent domain?
What is a declaration of taking?
What is the difference between a public purpose and a public use?
Can I challenge the public use of eminent domain?
What is a public purpose?
What constitutes a public use of eminent domain?

Are there any restrictions on the amount of time allotted for a taking?

Related FAQs

Related Blog Posts