NY eminent domain bonds.
From $100. See your price in the app.

A non-governmental condemnor — a utility or other taker under the jurisdiction of the Public Service Commission or the Commissioner of Transportation — must deposit a bond or undertaking with the clerk of the court before title vests, under EDPL § 402. The court fixes the amount on the return date of the petition. Premiums cost 1% of the bond amount, with a $100 minimum, and the application collects no credit information.

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Required by EDPL § 402(B)(3)(f) — deposited with the clerk of the court prior to vesting of title

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The court fixes the amount on the return date of the petition — there is no statutory figure

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Covers any default in paying the damages determined in the acquisition proceeding or on abandonment

From $1001% of the bond amount, $100 minimumNo credit sectionin the applicationFastinstant underwriting for most

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How it works

Apply to filed in one sitting.

Vesting dates do not move for paperwork. Enter the amount the court set, pay, and deposit the undertaking with the clerk. Here is the whole thing:

TODAY · ONLINE

Apply online

Condemnor details, the bond amount the court fixed, and the effective date. That is the entire application — no financials and no credit section.

INSTANTLY

Issued on the spot

Most undertakings at this scale issue right after purchase, priced at 1% of the bond amount with a $100 minimum. Very large amounts may get a brief underwriter look.

BEFORE VESTING

Deposit with the clerk of the court

Your executed bond and power of attorney arrive by email, ready to deposit with the clerk of the court prior to vesting of title. Wet-ink originals mailed whenever the court insists.

About this bond

What it is and who needs it.

What the eminent domain undertaking actually guarantees

New York’s Eminent Domain Procedure Law lets a condemnor take title by filing an acquisition map and obtaining a vesting order, with the compensation owed to the property owner determined afterwards in the same proceeding. That sequence creates an obvious exposure for the condemnee: title moves first, and the damages award lands later. For a non-governmental condemnor, EDPL § 402 closes that gap with an undertaking.

The requirement lives in EDPL § 402(B)(3)(f) and reaches non-governmental condemnors subject to the jurisdiction of the Public Service Commission or the Commissioner of Transportation — in practice the utilities, pipelines and transmission projects that hold condemnation power without being a public body. Such a condemnor deposits a bond or undertaking with the clerk of the court prior to vesting of title, in an amount fixed by the court on the return date of the petition, and the court directs that it be applied in the amount necessary for any default by the condemnor in the payment of all or part of the damages determined in the acquisition proceeding or on the abandonment of it.

It is a three-party arrangement — the condemnor (the principal), the surety carrier, and the court (the obligee) — with the property owner as the protected party. It is not insurance for you: if the surety pays a default, you repay the surety. Two practical notes. The requirement may be waived by stipulation of the parties, so ask before you buy if settlement talks are live. And a separate mechanism, EDPL § 304, lets a condemnor make an advance payment or deposit of the appraised value, which stops interest running on the amount deposited — a bond and an advance payment answer different problems.

EDPL § 402(B)(3)(f)Under EDPL § 402(B)(3)(f), a non-governmental condemnor subject to the jurisdiction of the public service commission or the commissioner of transportation shall deposit a bond or undertaking with the clerk of the court prior to vesting of title, in an amount to be fixed by the court on the return date of the petition; the court shall direct that the bond or undertaking be applied in the amount necessary for any default by the condemnor in the payment of all or part of the damages determined in the acquisition proceeding or the abandonment thereof. The requirement for a bond or undertaking under that subdivision may be waived by stipulation of the parties. Confirm the amount, the return date and any stipulation with the court and with condemnee’s counsel before you file — there is no statutory figure to fall back on.

You need this bond if you are

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A utility or pipeline condemnor under PSC or Commissioner of Transportation jurisdiction, acquiring by eminent domain

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Approaching a vesting date and required to deposit an undertaking with the clerk before title passes

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Named in a vesting petition where the court has fixed the undertaking on the return date

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Replacing an existing undertaking after the court increased the amount or the prior surety withdrew

One application, issued instantly.

These are the actual underwriting fields — condemnor details, the amount the court fixed, the effective date. There is no credit section, because this application does not collect credit information.

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FAQ

Common questions.

How much is the New York eminent domain bond?Premiums cost 1% of the bond amount, with a $100 minimum. The amount itself is fixed by the court on the return date of the vesting petition — EDPL § 402 sets no figure. Enter the amount your order states and your exact price appears at the application.

What amount should I enter?Whatever the court fixed on the return date of the petition. If the order has not issued yet, ask condemnee’s counsel what number is being sought and use that; we can reissue at the ordered figure once the court rules, and there is no charge until the bond issues.

What does the bond guarantee?That the damages ultimately determined in the acquisition proceeding get paid. The court directs that the undertaking be applied in the amount necessary for any default by the condemnor in paying all or part of those damages, or on abandonment of the proceeding.

Where do I file it?With the clerk of the court in which the vesting petition is pending, before title vests. Deposit it on the schedule the court set — vesting is what the undertaking is a precondition to.

Can the undertaking be waived?Yes. EDPL § 402 states the requirement for a bond or undertaking under that subdivision may be waived by stipulation of the parties. If you are close to a stipulation, confirm it before buying — the bond is free until issued.

Related bonds

Other New York bonds.

Do not let the undertaking hold up vesting.

Premiums from $100, no credit section. Enter the amount the court fixed and deposit with the clerk the same day. Free until issued.

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NY eminent domain bonds.From $100. See your price in the app.