New York Consolidated Laws, Eminent Domain Procedure Law - EDP § 202. Notice

(A) Where a public hearing is required by this article the condemnor shall give notice to the public of the purpose, time and location of its hearing setting forth the proposed location of the public project including any proposed alternate locations, at least ten but no more than thirty days prior to such public hearing by causing such notice to be published in at least five successive issues of an official daily newspaper if there is one designated in the locality where the project will be situated and in at least five successive issues of a daily newspaper of general circulation in such locality.  If the official newspaper is one of general circulation in such locality, publication therein as specified shall be deemed sufficient compliance.

(B) In the event that the only newspaper available in such locality is a weekly publication the above described notice shall be published in such newspaper in at least two successive issues.

(C) (1) The condemnor shall serve, either by personal service or certified mail, return receipt requested, a notice of the purpose, time, date, and location of a public hearing required by this article to each assessment record billing owner or his or her attorney of record.

(2) Such notice shall be served at least ten but no more than thirty days prior to such public hearing.  Such notice shall clearly state that those property owners who may subsequently wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at such hearing.

(D) Inadvertent failure to notify a person or persons entitled to notice under this section shall not be jurisdictional nor construed to affect the validity of any title acquired by a condemnor under this law.


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