§ 5-305 Preparation of maps in capital project proceeding; filing.

   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.

§ 5-306 Lis pendens.

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.

§ 5-307 Notice of application to condemn.

Upon the filing of the lis pendens in a capital project proceeding, the corporation counsel for and on behalf of the city shall promptly proceed to give notice of the city's intention to apply to the supreme court for permission to condemn and ascertain damages, as provided in subdivision (B) of section four hundred two of the eminent domain procedure law.

§ 5-308 Application to condemn; contents of petition.

Upon the application to condemn, the corporation counsel shall present to the court a petition signed and verified by him or her, setting forth in addition to other requirements of the eminent domain procedure law, the following:

   1.   The order of the mayor authorizing the proceeding.

   2.   The amount of valuation at which each parcel of the 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 the petition. Such assessed valuation, in case only part of an entire plot in a single ownership is to be acquired, shall be pro-rated according to the area of the part so to be acquired but shall include the valuation of all buildings encroaching upon or within the lines of the proposed improvement.

   3.   A prayer that the real property described therein be condemned by such court.

§ 5-309 Notice to file claims.

The corporation counsel, after the filing of the order granting the application to condemn, shall proceed in accordance with section four hundred three of the eminent domain procedure law and provide notice to file claims.