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This entry was published on 2014-09-22
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SECTION 207
Judicial review
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 2
§ 207. Judicial review. (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.