Subchapter 1: Consolidated Condemnation Procedure
As used in this subchapter unless otherwise expressly stated, or unless the context or subject matter otherwise requires, the following terms shall mean:
1. "The court", "the supreme court": A special term of the supreme court for condemnation proceedings held in the county within the city and within the judicial district in which real property being acquired or some part thereof is situated.
2. "Application to condemn": An application to the supreme court to have the compensation which should justly be made to the respective owners of the real property proposed to be taken, ascertained and determined by the court without a jury.
3. "Justice": The justice assigned to hold such court.
4. "Days": Calendar days exclusive of Sundays and full legal holidays.
5. "Owner": A person having an estate, interest or easement in the real property being acquired or a lien, charge or encumbrance thereon.
6. "Real property": Includes all lands and improvements, lands under water, waterfront property, the water of any lake, pond or stream, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.
7. "Street": Includes street, avenue, road, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk and viaduct, and every class of public road, square and place, except marginal streets and wharves.
8. "Capital project proceeding": A condemnation proceeding pursuant to the provisions of this chapter for capital project purposes, authorized pursuant to the charter.
The provisions of this subchapter shall apply to all capital project proceeding instituted within the city unless the context or subject-matter otherwise requires, but shall not apply to street closing proceedings, except as provided in section 5-459 of the code, nor to proceedings to acquire real property for rapid transit purposes.
In proceedings for the acquisition of real property for the drainage of land by means other than sewers, pursuant to an order of the department of health and mental hygiene, the time or times for the giving or publication of notices shall be one-half of that required in this subchapter for other proceedings, provided that any resultant one-half day shall be deemed a whole day. The time for the supreme court to hear objections to the tentative decree in any such drainage proceeding shall be two days.
a. An owner of real property, which property the city is authorized to acquire, may cede the same to the city upon such terms and conditions, including exemptions from assessments, as the mayor from time to time may prescribe, provided such real property be free from encumbrances inconsistent with the title to be acquired.
b. The mayor shall also have power and is hereby authorized to agree as to the purchase price of any real property selected for acquisition in a capital project proceeding, or any part thereof, and to purchase the same for and on behalf of the city. An option to purchase such real property, granted to the city for a period not to exceed ninety days, shall not be withdrawn or cancelled during the period named therein.
c. When a conveyance of the real property ceded or purchased shall have been approved and accepted, the city shall become vested with title to such real property so conveyed to the same extent and effect as if it had been acquired for the improvement by a proceeding had for that purpose.
a. When a capital project proceeding has been authorized, the agency submitting the departmental estimate shall cause to be prepared five similar surveys, diagrams, maps or plans of the real property being acquired, stating thereon the amount or valuation at which each parcel of real property to be acquired has been assessed for purposes of taxation on the city tax rolls for each of the three years preceding the date of such selection; one of such surveys, diagrams, maps or plans to be filed in the office of such agency, the second to be filed in the office of the corporation counsel, the third to be filed in the office in which instruments affecting real property are required to be recorded in the county in which such real property is situated, the fourth to be filed in the office of the department of citywide administrative services, and the fifth to be filed in the department of design and construction.
b. It shall be lawful for the duly authorized agents of such agency, and all persons acting under its authority and by its direction, and in accordance with the provisions of section four hundred four of the eminent domain procedure law to enter in the daytime into and upon such real property which it shall be necessary so to enter, for the purpose of making such surveys, diagrams, maps or plans, or for the purpose of making such soundings or borings as such agency may deem necessary.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
Upon the authorization by the mayor of a capital project proceeding, it shall be the duty of the corporation counsel to file in the office of the clerk of the county where the real property to be acquired or any part thereof is situated, a notice of the pendency of such proceeding, according to the provisions of subdivision (B) of section four hundred two of the eminent domain procedure law.
Loading...