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This entry was published on 2014-09-22
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Time for acquisition
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 4
§ 401. Time for acquisition. (A) The condemnor may commence
proceedings under this article to acquire the property necessary for the
proposed public project up to three years after conclusion of the later

(1) publication of its determination and findings pursuant to section
two hundred four, or

(2) the date of the order or completion of the procedure that
constitutes the basis of exemption under section two hundred six, or

(3) entry of the final order or judgment on judicial review pursuant
to section two hundred seven of this chapter.

(B) If the condemnor has not commenced the proceedings under this
article to acquire the property prior to the expiration of such three
year period the project shall be deemed abandoned, and thereafter,
before commencing proceedings under this article the condemnor must
again comply with the provisions of article two; provided, however, that
the preceding shall not operate to bar the acquisition of property for
which title cannot be certified by the state attorney general or
appropriate legal officer or attorney of the condemnor in acquisition
pursuant to subdivision (B) of section five hundred one of this chapter
within such three year period. Such property shall be acquired
thereafter as soon as practicable.

(C) In the event property is to be acquired for a public project in
stages, the condemnor after conducting a required public hearing for the
entire project need not conduct additional hearings for subsequent
stages, provided that proceedings under this article with respect to the
property necessary for the first stage were commenced within such three
year period and provided further, that all proceedings under this
article with respect to property for the project are commenced within
ten years from the dates hereinabove set forth in paragraphs one, two
and three of subdivision (A).

(D) In the event additional property must be acquired after the three
year period, because of field conditions, such acquisition shall be made
as soon as practicable.