New York Eminent Domain Attorneys

At Sever Walker Padgitt, we work exclusively for LANDOWNERS. With offices in Georgia, Indiana, Illinois, North Carolina, Ohio and Texas, we have a NATIONAL reach and have represented clients in over a DOZEN different states.

Our mission is to hold condemnors, whether they be State, Federal, Local, Utility or University, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

What Is Eminent Domain Law in New York?

In New York, eminent domain refers to the government’s power to take your property. When the government exercises this power, it is called a condemnation.

The Fifth Amendment of the US Constitution establishes that eminent domain must be for a “public use”. Public use has traditionally been interpreted to mean public projects like roads and bridges. However, the 2005 US Supreme Court decision in the Kelo v. New London case broadened public use to include private economic development.

This expansion has had more impact in some states and cities than others, depending on how local governments view the advantages of commercialization and development. New York has been known to take advantage of lucrative opportunities this ruling permits, and legal challenges in New York have strongly favored condemnors.

The Condemnation Litigation Process in New York

New York has a unique eminent domain process compared to some states. This includes:

• A public hearing: The condemnor holds a hearing near the property location and informs the public about the public project that will use the property taken.
• Publishing the intent to acquire the property: The condemnor must publish its decision to acquire the property within 90 days of the hearing.
• A preliminary purchase offer: The condemnor makes an initial purchase offer to the property owner.
• A right of access: The condemnor is permitted to access the property.
• Filing an acquisition map: The condemnor files this to obtain the title to the property.
• A claim for additional compensation: Property owners can file a claim for compensation beyond the initial offer.
• A non-jury trial: Just compensation for an owner’s property is decided in a non-jury trial before a Supreme Court Justice. If the state takes the property, a non-jury trial is required before a Court of Claims Judge.
• Filing a condemnation claim: If the state takes the property, the former owner can file a claim in the Court of Claims within three years. If the property is taken by a condemnor other than the state, the claim has to be filed in the Supreme Court, and the court determines the time period required to file.
• Petitioning a condemnation: A condemnor files a petition to condemn in the Supreme Court in the property’s location. A Notice of Pendency is filed with the county. All parties are notified, and the condemnation is most commonly granted.

If a New York property owner wishes to challenge a condemnation, they can file a petition within 30 days of the publication of a decision to condemn their property. They are allowed to challenge eminent domain based on whether it:

• Is constitutional
• Follows legal guidelines
• Serves as a public use or benefit according to New York law

Fair Market Value

Fair market value (FMV) is the price a property would sell for on the open market if a willing buyer and seller were not forced to buy or sell, respectively. It’s the basis for calculating just compensation when a government or entity uses eminent domain to take private property for public use.

Just Compensation

New York condemnors are required to pay property owners “just compensation” for their property that is taken under eminent domain.

Just compensation in New York is determined based on the FMV on the date a property is taken under eminent domain. The property owner can appraise their property based on the highest offer price of the “best use” of the property. “Highest and Best Use” theory ensures just compensation is based on the highest value a willing seller could reasonably expect. If the FMV and just compensation cannot be agreed upon, litigation of the case will involve appraisers and other experts providing testimony.

Uniquely in New York, just compensation is ultimately decided by a non-jury judge in the Supreme Court or a Court of Claims. If the municipality offers compensation significantly different from what the court awards, it is possible the property owner may recover legal fees from the condemnor, but it is not guaranteed.

Suppose the order or award in a New York eminent domain case substantially exceeds the condemnor’s proof. In that case, the court may award an additional amount to cover court costs and other expenses.

Getting notice of eminent domain in New York can be terrifying. You may be caught off guard and feel you have nowhere to turn for help. At this point, it’s crucial to turn to the experts so you can take quick action and ensure the best possible outcome in your case.