State Codes and Statutes

Statutes > New-york > Edp > Article-7 > 702

§  702.  Incidental  expenses.  (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.

State Codes and Statutes

Statutes > New-york > Edp > Article-7 > 702

§  702.  Incidental  expenses.  (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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edp > Article-7 > 702

§  702.  Incidental  expenses.  (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.