Statute · New York Eminent Domain Procedure Law
N.Y. Em. Dom. Proc. Law § 404 — Right of entry prior to acquisition
N.Y. Em. Dom. Proc. Law § 404
- Type
- Statute
- Source
- New York Eminent Domain Procedure Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 404. Right of entry prior to acquisition. The condemnor, its officers, agents or contractors when acquiring real property in accordance with this law, or when engaged in work connected with a proposed public project, as described in this law, shall have the right to enter upon any real…
Citator
N.Y. Em. Dom. Proc. Law § 404 — Right of entry prior to acquisition is in force in the current edition of the Code, and nothing recorded condemns it.
§ 404. Right of entry prior to acquisition. The condemnor, its officers, agents or contractors when acquiring real property in accordance with this law, or when engaged in work connected with a proposed public project, as described in this law, shall have the right to enter upon any real property for the purpose of making surveys, test pits and borings, or other investigations, and also for temporary occupancy during construction. At a reasonable time prior to such entry, the condemnor shall deliver notice personally or by first class mail, to the property owner stating the necessity for the entry. The condemnor shall be liable to the owner for any damages caused by the condemnor as a result of the entry; but such damages shall not entail duplicate payment of damages to be compensated for by the condemnor pursuant to article three of this law. Entry damages, if any, shall not be deemed an acquisition.