Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> New York Zoning and Municipal Law Blog

Real Estate & Property Law

: New York Zoning and Municipal Law Blog

Property Owner Entitled to Repairs When Pre-Acquisition Emergency Access Is Granted During EDPL Process

By Steven Silverberg and Katherine Zalantis

An appellate court has ruled that EDPL section 402 [B] [6], which authorizes a court to permit pre-condemnation access to property, also authorizes a court to require a condemnor to correct an unsafe or dangerous condition it has created. In Matter of Village of Saranac Lake, the Appellate Division upheld the right of the court to order the Village to correct a dangerous condition created during pre-acquisition access that was granted to perform emergency repairs to a sewer line, but remitted the matter to the lower court for further factual findings on the need for such repairs. The Village of Saranac Lake had commenced EDPL proceedings to acquire easements over certain properties for installation, repair and replacement of sewer lines...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on August 13, 2009 (boomark / email).