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This entry was published on 2014-09-22
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SECTION 503
Filing and service of claims; notice of appearance
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 5
§ 503. Filing and service of claims; notice of appearance. (A) In a
claim for damages arising from the acquisition of real property under
subdivision (A) of section five hundred one herein, a condemnee shall
file within three years after service of the notice of acquisition or
date of vesting, whichever is later, or within such time as is fixed by
order of the court pursuant to sections five hundred five and five
hundred twelve, a claim for damages with the clerk of the court having
jurisdiction of the matter, and a copy of said claim upon such other
official designated in the notice of acquisition to receive such
service. In any acquisition pursuant to subdivision (A) of section five
hundred one service shall be upon the attorney general. The claimant
may, at any time subsequent to the running of the three year period,
receive the amount of the condemnor's offer upon proof of his
entitlement thereto. The failure of a condemnee to file a claim within
such three year period shall be deemed an acceptance of the amount paid
as full settlement of such claim.

(B) In a claim for damages arising from the acquisition of real
property under subdivision (B) of section five hundred one herein, a
condemnee shall, within the time specified by the court, file a written
claim, or notice of appearance with the clerk of the court having
jurisdiction of the matter and a copy of the same shall be served upon
either the condemnor's chief legal officer or upon such other official
designated in the notice of acquisition.

(C) In the event that a claim is made for compensation for fixtures or
for any interest other than the fee in the real property acquired, a
copy of such claim together with a schedule of fixture items, where
applicable, shall also be served by such claimant upon the fee owner of
the real property, and the condemnor's chief legal officer or upon such
other official designated in the notice of acquisition.