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This entry was published on 2014-09-22
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SECTION 204
Determination and findings
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 2
§ 204. Determination and findings. (A) The condemnor, within ninety
days after the conclusion of the public hearings held pursuant to this
article, shall make its determination and findings concerning the
proposed public project and shall publish a brief synopsis of such
determination and findings in at least two successive issues of an
official newspaper if there is one designated in the locality where the
project will be situated and in at least two successive issues of a
newspaper of general circulation in such locality. If the official
newspaper is one of general circulation in such locality, publication
therein as specified shall be deemed sufficient compliance. The synopsis
shall include those factors set forth in subdivision (B) herein, and
shall also state that copies of the determination and findings will be
forwarded upon written request without cost.

(B) The condemnor, in its determination and findings, shall specify,
but shall not be limited to the following:

(1) the public use, benefit or purpose to be served by the proposed
public project;

(2) the approximate location for the proposed public project and the
reasons for the selection of that location;

(3) the general effect of the proposed project on the environment and
residents of the locality;

(4) such other factors as it considers relevant.

(C) Upon making the determination and findings, the condemnor shall
serve, by personal service or certified mail, return receipt requested,
a notice of the brief synopsis thereof upon each assessment record
billing owner or his or her attorney of record whose property may be
acquired. Such notice shall: (1) include the information required by
paragraph two of subdivision (B) of this section; (2) state that copies
of the determination and findings will be forwarded to such individuals
upon written request and without cost; (3) inform such individual that,
under section two hundred seven of this article, there are thirty days
from the completion of the condemnor's newspaper publication requirement
to seek judicial review of the condemnor's determination and findings;
and (4) inform such individual that, under sections two hundred seven
and two hundred eight of this article, the exclusive venue for judicial
review of the condemnor's determination and findings is the appellate
division of the supreme court in the judicial department where any part
of the property to be condemned is located.