§ 702. Incidental expenses.

293 words·~1 min read·/ny/eminent-domain-procedure/miscellaneous-provisions/702·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(A)The condemnor shall reimburse a

condemnee an amount separately computed and stated, representing the

following incidental expenses:

(1)any recording fees, transfer taxes and other similar expenses in

connection with the acquisition of the property by the condemnor or in

connection with the transfer of the property to the condemnor; and

(2)any penalty incurred by the condemnee for prepayment of any

preexisting recorded mortgage entered into in good faith, encumbering

such property; and

(3)the pro rata portion of the real property taxes, water rents,

sewer rents, special ad valorem taxes and other charges paid or payable

to a taxing entity which are allocable to a period subsequent to the

date of vesting title or the effective date of possession of such

property in the condemnor, whichever is earlier.

(B)In the event that the procedure to acquire such property is

abandoned by the condemnor, or a court of competent jurisdiction

determines that the condemnor was not legally authorized to acquire the

property, or a portion of such property, the condemnor shall be

obligated to reimburse the condemnee, an amount, separately computed and

stated, for actual and necessary costs, disbursements and expenses,

including reasonable attorney, appraisal and engineering fees, and other

damages actually incurred by such condemnee because of the acquisition

procedure.

(C)In the event that a court of competent jurisdiction determines

that the condemnor did in fact take property after the condemnor denied

that there was any taking of property and made no offer to settle the

claim, the condemnor shall be obligated to reimburse a condemnee an

amount, separately computed and stated, for actual and necessary costs,

disbursements and expenses, including reasonable attorney, appraiser and

engineer fees incurred in establishing the de facto taking.