All
All
Parallel
Title
Appellant
Respondent
Lawyer
Parallel Search is an AI-driven legal research functionality that uses natural language understanding to find conceptually relevant case law, even without exact keyword matches.
Hi, I'm AMICUS. Your GPT powered virtual legal assistant.
Let's chat.
Log in
Sign Up
Select Country
India
UK
&
Ireland
AMICUS AI
CaseIQ
Keyword Research
Parallel Search
Browse
Commentaries
Columns
My Project
New chat
Federal
U.S. Supreme Court
Federal Circuit
1st Circuit
2d Circuit
3d Circuit
4th Circuit
5th Circuit
6th Circuit
7th Circuit
8th Circuit
9th Circuit
10th Circuit
11th Circuit
Court of Appeals for the D.C. Circuit
Board of Immigration Appeals
Special Courts
Bankruptcy
State
Alabama
Alaska
Arkansas
Arizona
California
Colorado
Connecticut
Delaware
District Of Columbia
Florida
Georgia
Guam
Hawaii
Iowa
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Massachusetts
Maryland
Maine
Michigan
Minnesota
Missouri
Mississippi
Montana
Nebraska
North Carolina
North Dakota
New Hampshire
New Jersey
Northern Mariana Islands
New Mexico
Nevada
New York
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Vermont
Washington
Wisconsin
West Virginia
Wyoming
N.Y. Comp. Codes R. & Regs. tit. 22 § 202.61 : JUDICIARY — JUDICIAL ADMINISTRATION — UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS — Uniform Civil Rules for the Supreme Court and the County Court — Exchange of appraisal reports in eminent domain proceedings
Text
(a)
(1)
In all proceedings for the determination of the value of property taken pursuant to eminent domain, the exchange of appraisal reports shall be accomplished in the same manner as provided for the exchange of such reports by section
202.59(g)
and
202.60(g)
of this Part, except that such reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section
503
of the Eminent Domain Procedure Law unless otherwise extended by the court. A note of issue may not be filed until such reports have been filed.
(2)
If a party intends to offer at trial expert evidence in rebuttal to any report, an expert's report shall be filed within 60 days after receipt of the document sought to be rebutted.
(3)
Upon application of any party upon such notice as the court in which the proceeding is pending shall direct, the court may, upon good cause shown, relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the court may direct.
(b)
In proceedings where more than one parcel is involved, the appraisal reports shall be distributed only to the taking authority and to the claimant or claimants who are owners of parcels which are the subject of the appraisal report. In the event that a party defaults in filing an appraisal report within the time limitation prescribed, the clerk shall return the filed copies of each party's appraisal report, with notice to the party in default.
(c)
The contents and form of each appraisal report, including any rebuttal, amended or supplementary report, shall conform to the requirements of sections
202.59(g)
and
202.60(g)
of this Part.
(d)
All appraisals of fixtures submitted on behalf of the claimants and the condemnor for which claim is made shall be filed and distributed as provided by these rules with respect to appraisal reports and shall set forth the appraisal value of each item in the same numerical order as in the inventory annexed to the claim.
(1)
Where the condemnor puts in issue the existence of any item in the inventory, the appraisal submitted on its behalf shall so state.
(2)
Where the condemnor puts in issue the description of any item in the inventory, the appraisal submitted on behalf of the condemnor shall state its appraiser's description of such item and his or her estimate of value.
(3)
Where the condemnor puts in issue the compensability of any item in the inventory, the appraisal report submitted by the condemnor shall so state and shall state the ground therefor, as well as its appraiser's estimate of the value of such item for consideration in the event that the court should determine that it is compensable.
(e)
Upon trial, all parties shall be limited in their affirmative proof of value to matters set forth in their respective appraisal reports. Any party who fails to file an appraisal report as required by this section shall be precluded from offering any appraisal testimony on value.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.61
×