Condemnations and Eminent Domain
In New York, condemnation is generally governed by the Eminent Domain Procedure Law. Before 1978 (the effective date of the EDPL), there were numerous statutes relating to condemnation and eminent domain procedures. Many of these separate statutes were superseded by the EDPL, although titles obtained under these former statutes are still governed in accordance with their provisions.
In some cases, eminent domain procedures result in the acquisition of a fee title. In many others, and particularly with railroad, pipeline and roadway acquisitions, the interest obtained is in the nature of an easement. Upon discontinuance of the railroad, pipeline or roadway, title may revest in the adjoining owners or others.
There are two basic methods of condemnation in New York: (a) by court order, or (b) by filing a taking map (damage Map) in the office of the county clerk where the property is located.
Condemnation by filing of map
A portion of the real property described in Schedule A has been taken by __________, in eminent domain proceedings by the filing of a takings map. Title to that portion of the premises is not insured. Upon production of a survey map showing the remaining premises, a revised description will be prepared.
Condemnation proceedings pending
Pending condemnation proceedings by _________________, which may result in a taking of a portion of the real property described in Schedule A.
Outstanding interest of condemnee
Outstanding title in the heirs, distributees, legatees, successors or assigns, etc. of ______________, by reason of the limited title acquired by ______________ in condemnation proceedings filed ____________________.
NYC Street widening, proposed
Approximately __(#)__ feet of the premises described, together with __(describe portion of building, if any, thereon)__ lies in the bed of __(street name)__ as the same is laid out on the Final Map of the City of New York. This portion of the premises is subject to the restrictive use imposed by Section 35 of the General City Law. (where appropriate, add:) “But Policy insures that the existing improvement may be continued in accordance with the permit granted in _____, and any award in condemnation will not be diminished by reason thereof.