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This entry was published on 2014-09-22
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SECTION 206
Exemptions
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 2
§ 206. Exemptions. The condemnor shall be exempt from compliance with
the provisions of this article when:

(A) pursuant to other state, federal, or local law or regulation it
considers and submits factors similar to those enumerated in subdivision
(B) of section two hundred four, to a state, federal or local
governmental agency, board or commission before proceeding with the
acquisition and obtains a license, a permit, a certificate of public
convenience or necessity or other similar approval from such agency,
board, or commission or;

(B) pursuant to article VII or article VIII of the public service law
it obtained a certificate of environmental compatibility and public need
or;

(C) pursuant to other law or regulation it undergoes or conducts or
offers to conduct prior to an acquisition one or more public hearings
upon notice to the public and owners of property to be acquired, and
provided further that factors similar to those enumerated in subdivision
(B) of section two hundred four herein may be considered at such public
hearings, or;

(D) when in the opinion of the condemnor the acquisition is de minimis
in nature so that the public interest will not be prejudiced by the
construction of the project or because of an emergency situation the
public interest will be endangered by any delay caused by the public
hearing requirement in this article.

(E) when it complies with the procedures contained in section 41.34 of
the mental hygiene law.