N.Y. Laws » CHAPTER Eminent Domain Procedure / ARTICLE Miscellaneous Provisions
New York Consolidated Laws

N.Y. Eminent Domain Procedure Law § 701 (2026)

Additional allowance

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 701. Additional allowance. In instances where the order or award is
substantially in excess of the amount of the condemnor's proof and where
deemed necessary by the court for the condemnee to achieve just and
adequate compensation, the court, upon application, notice and an
opportunity for hearing, may in its discretion, award to the condemnee
an additional amount, separately computed and stated, for actual and
necessary costs, disbursements and expenses, including reasonable
attorney, appraiser and engineer fees actually incurred by such
condemnee. The application shall include affidavits of the condemnee and
all parties that have incurred expenses on the condemnee's behalf,
setting forth inter alia the amount of the expenses incurred.
Notes of Decisions
Cited in 3 cases, 2007–2010 · leading case: In re City of New York, 52 A.D.3d 387 (N.Y. App. Div. 1st Dep't 2008).
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In re City of New York, 52 A.D.3d 387 (N.Y. App. Div. 1st Dep't 2008). “17 as an additional allowance for costs pursuant to Eminent Domain Procedure Law § 701, and *388 bringing up for review an order, same court and Justice, entered July 18, 2007, which, insofar as appealed from as limited by the briefs, granted claimant’s motion for attorney fees…”
In re City of New York, 30 Misc. 3d 816 (N.Y. Sup. Ct. 2010). “Claimant Exxon Mobil Corporation moves for an order, pursuant to Eminent Domain Procedure Law § 701, awarding it an additional allowance in the amount of $3,744,378.”
In re Bradhurst Urban Renewal Area, 40 A.D.3d 218 (N.Y. App. Div. 1st Dep't 2007). “Claimant’s request for this Court to remand the matter for a hearing and determination pursuant to Eminent Domain Procedure Law § 701 cannot be countenanced.”
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