Archive | Possession

Iowa Court Denys the Right to Enter Land for Surveys. What Does This Mean for New York?

The Des Moines Register reported that a Clay County district judge ruled that a state law allowing pipeline companies to survey property owners’ land without permission is unconstitutional, delivering a victory to landowners who have been battling against proposed carbon capture pipeline projects. The ruling came after Navigator CO2 Ventures sued Martin Koenig last year, saying he had repeatedly blocked the Omaha, Nebraska, company from surveying his land near Sioux Rapids in northwest Iowa. Navigator, one of three companies that want to build a carbon capture pipeline across Iowa, said… read more

Posted in Access, Eminent Domain, Possession, Survey
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No – You Do Not Get Immediate Possession

Some condemnation counsel believe that once their client obtains title that the condemnor can move on and possess the subject property.  Not so.  Vesting title is prescribed by Section 402 of the Eminent Domain Procedure Law. Most condemnations will be controlled by Subdivision B and take place in the Supreme Court.  The law sets strict requirements as to the necessary documents to be filed with a petition to condemn along with absolute time requirements for service. After fully complying with all statutory requirements, a Supreme Court Justice will sign an… read more

Posted in Condemnation, Possession, Title vesting
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