N.Y. Eminent Domain Procedure Law § 207 : Eminent Domain Procedure — Determination Of The Need And Location Of A Public Project Prior To Acquisition — Judicial review

10 Feb 2014

Current through 2016 New York Laws, Chapters 1 to 237

(A) Any person or persons jointly or severally, aggrieved by the condemnor's determination and findings made pursuant to section two hundred four of this article, may seek judicial review thereof by the appellate division of the supreme court, in the judicial department embracing the county wherein the proposed facility is located by the filing of a petition in such court within thirty days after the condemnor's completion of its publication of its determination and findings pursuant to section two hundred four herein. Such petition shall be accompanied by proof of service of a demand on the condemnor to file with said court a copy of a written transcript of the record of the proceeding before it, and a copy of its determination and findings. Upon receipt of such petition and demand, the condemnor shall forthwith deliver to the court a copy of the record and a copy of its determination and findings. The proceeding shall be heard on the record without requirement of reproduction. If such proposed public improvement is located in more than one judicial department such proceeding may be brought in any one, but only one of such departments and all such proceedings with relation to any single public project shall be consolidated with that first filed.
(B) The jurisdiction of the appellate division of the supreme court shall be exclusive and its judgment and order shall be final subject to review by the court of appeals in the same manner and form and with the same effect as provided for appeals in a special proceeding. All such proceedings shall be heard and determined by the appellate division of the supreme court, and by the court of appeals, as expeditiously as possible and with lawful preference over other matters.
(C) The court shall either confirm or reject the condemnor's determination and findings. The scope of review shall be limited to whether:
(1) the proceeding was in conformity with the federal and state constitutions,
(2) the proposed acquisition is within the condemnor's statutory jurisdiction or authority,
(3) the condemnor's determination and findings were made in accordance with procedures set forth in this article and with article eight of the environmental conservation law, and
(4) a public use, benefit or purpose will be served by the proposed acquisition.
N.Y. Em. Dom. Proc. Law § 207