Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 4
§ 405. Possession. (A) If the condemnor has a right to possession of
real property as provided for in this law, and the condemnor shall deem
it necessary to cause the removal of a condemnee or other occupant it
may cause such condemnee or other occupant to be removed therefrom and
possession to be delivered to it, pursuant to the procedures of landlord
and tenant law, or by application to the supreme court in which the
proceeding is pending for a writ of assistance for possession or
pursuant to other law, except that no condemnee shall be required to
surrender possession prior to the condemnor's payment to him of its
advance payment or the deposit of such amount in accordance with article
three of this law, unless the condemnee has not complied with section
three hundred two of this law.

(B) No execution shall include costs in a dispossess proceeding.
Proceedings may be brought separately against one or more of the
condemnees or other occupants of a property, or one proceeding may be
brought against all or several of the condemnees or other occupants of
any or all property within the territorial jurisdiction of the court.