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This entry was published on 2014-09-22
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SECTION 305
Use and occupancy
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 3
§ 305. Use and occupancy. (A) A condemnee, tenant or other person
holding, using or occupying property acquired pursuant to this chapter,
shall be liable to the condemnor for the fair and reasonable value of
such holding, use or occupancy from the date of acquisition to the date
the property is vacated and possession surrendered to the condemnor.
Provided, however, that in the event the property at the time of
acquisition is occupied by the former owner for residential purposes,
the liability of such former owner for the fair and reasonable value of
such residential holding shall not commence until ninety days after the
date of acquisition or until the date on which the property ceases to be
occupied by the former owner for residential purposes, whichever occurs
first.

(B) The amount of the fair and reasonable value for such temporary use
and occupancy established by the condemnor shall be paid to the
condemnor at reasonable intervals; any amount due and payable may be
retained by the condemnor from any unpaid damage or consideration to be
paid by it to such condemnee, tenant or other person for the property or
interest therein acquired from him. Either party may bring an action and
make application to a court of competent jurisdiction to establish the
fair and reasonable amount of money due for such holding, use or
occupancy of the property, in the event the value established by the
condemnor is unacceptable. The condemnor may enforce any judgment
ensuing from such actions according to the applicable provisions of law.

(C) Where a condemnee, tenant or other person holding, using or
occupying property acquired pursuant to this chapter is entitled to an
award for the acquisition of the property by the condemnor, any unpaid
portion of the sum fixed for use and occupancy either by agreement,
expressed or implied, or by court action to establish the same, shall be
a lien against such award, or payment by agreement, subject only to
liens of record at the time of the vesting of title in the condemnor and
liens under section four hundred seventy-five of the judiciary law.