It is generally difficult to amend an appraisal in an eminent domain or tax certiorari proceeding. The party attempting to amend an appraisal must show good cause, which is determined by the court’s discretion. 22 NYCRR § 202.61 controls the exchange of appraisal reports in New York Supreme Court eminent domain proceedings and states that “the court may, upon good cause shown, … allow an amended or supplemental report to be filed upon such conditions as the court may direct.” § 202.61(a)(3). The same language is used for amended appraisal reports in… read more
November 30, 2015