N.Y. Laws » CHAPTER Eminent Domain Procedure / ARTICLE Purpose; Short Title; Definitions; Applicability
New York Consolidated Laws

N.Y. Eminent Domain Procedure Law § 101 (2026)

Purpose

✓ current as of May 2026
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§ 101. Purpose. It is the purpose of this law to provide the exclusive
procedure by which property shall be acquired by exercise of the power
of eminent domain in New York state; to assure that just compensation
shall be paid to those persons whose property rights are acquired by the
exercise of the power of eminent domain; to establish opportunity for
public participation in the planning of public projects necessitating
the exercise of eminent domain; to give due regard to the need to
acquire property for public use as well as the legitimate interests of
private property owners, local communities and the quality of the
environment, and to that end to promote and facilitate recognition and
careful consideration of those interests; to encourage settlement of
claims for just compensation and expedite payments to property owners;
to establish rules to reduce litigation, and to ensure equal treatment
to all property owners.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1980–2026 · leading case: Kohlasch v. New York State Thruway Auth., 482 F. Supp. 721 (S.D.N.Y. 1980).
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Kohlasch v. New York State Thruway Auth., 482 F. Supp. 721 (S.D.N.Y. 1980). “…City of Montpelier, 573 F.2d 747 , 749 & n. 5 (2d Cir. 1978). 8 . N.Y.Const., art. I § 7 (McKinney’s 1969). 9 . See N.Y. Eminent Domain Law § 101 (purpose); § 201 (requirement of hearing); § 202 (requirement of notice); § 207 (judicial review); § 301 (requirement of just…”
Port Chester Yacht Club, Inc. v. Iasillo, 614 F. Supp. 318 (S.D.N.Y. 1985). “…a constitutional right. 7 . New York State law affords a condemnee due process in an eminent domain proceeding. See N.Y. Eminent Domain Law § 101 (purpose); § 201 (requirement of a hearing); § 202 (requirement of notice); § 207 (judicial review); § 301 (requirement of just…”
Seventh Regiment Fund v. Pataki, 179 F. Supp. 2d 356 (S.D.N.Y. 2002). “at 10, citing N.Y. Eminent Domain Proced. Law §§ 101 , 201, 301.”
Matter of Coalition for Fairness in Soho & Noho, Inc. v. City of New York, 2026 NY Slip Op 00076 (N.Y. 2026). · cites it 2× “Here, there is simply no property that the City could directly seize, through eminent domain or condemnation, to allow petitioners to convert their JLWQA spaces ( see US Const 5th Amend; NY Const, art I, § 7; Eminent Domain Procedure Law § 101 et seq.”
Matter of Flushing Main St. Improvements Proj., 2026 NY Slip Op 02650 (N.Y. App. Div. 2026). · cites it 2× “Const, art I, § 7[a]; Eminent Domain Procedure Law § 101). "Just compensation for property taken in condemnation is determined by the property's market value at the time of the taking, that is, the price a willing buyer would have paid a willing seller for the property" ( J.”
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