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a. Upon the trial, evidence of the price and other terms upon any sale, or of the rent reserved and other terms upon any lease, relating to any of the property taken or to be taken or to any other property in the vicinity thereof, shall be relevant, material and competent, upon the issue of value or damage and shall be admissible on direct examination if the court shall find the following:
1. That such sale or lease was made within a reasonable time of the vesting of title in the city,
2. That it was freely made in good faith in ordinary course of business, and
3. In case such sale or lease relates to other than property taken, that it relates to property which is similar to the property taken or to be taken. No such evidence, however, shall be admissible as to any sale or lease, which shall not have been the subject of an examination before trial either at the instance of the city or of an owner, unless at least twenty days before the trial the attorney for the party proposing to offer such evidence shall have served a written notice in respect of such sale or lease, which notice shall specify the names and addresses of the parties to the sale or lease, the date of making the same, the location of the premises, the office, liber and page of the record of the same, if recorded, and the purchase price or rent reserved and other material terms, or unless such sale or lease shall have occurred within twenty days before the trial. Such notice by the corporation counsel shall be served upon all owners or their attorneys who have appeared in the proceeding; or if served on behalf of an owner, shall be served upon the corporation counsel and upon all other owners or their attorneys who have appeared in the proceeding. The testimony of a witness as to his or her opinion or estimate of value or damage shall be incompetent, if it shall appear that such opinion or estimate is based upon a sale or lease of any of the property taken or to be taken or of any of the property in the vicinity thereof, which shall not have been the subject of an examination before trial, unless it shall have been specified in a notice served as aforesaid or shall have occurred within twenty days before the trial.
b. Upon the trial, no map or plan of proposed streets, drains or sewers for the subdivision and improvement of any property, nor any drawing or other specification of excavation or filling or piling or of any proposed structure above or under ground deemed necessary or proper to provide a foundation for a suitable or adequate improvement, or of any other structure or improvement not existing on the property on the date that title thereto may vest in the city, nor any oral or written estimate or cost or expense of constructing the streets, drains or sewers in conformity with such map or plan, nor any oral or written estimate of the cost of making such excavation or filling or piling or of constructing any such other proposed structure or improvement in conformity with such drawing or other specification thereof, nor any evidence of value of damage based upon any of the foregoing, shall be received in evidence, unless the party offering the same in evidence shall have served upon the adverse party, at least thirty days prior to the trial, a notice of intention to offer such evidence on the trial and of the particulars thereof, including a true copy of the map or plan or drawing and other specifications and estimate of cost or expense to be so offered in evidence, provided, however, that when offered such evidence shall be subject to objection upon any legal ground.
c. Upon the trial, no evidence shall be admitted, as against an owner of real property being acquired, of an offer made by or on behalf of such owner for the sale of his or her property or any part thereof to the city, or for the sale or assignment of any right and title to the award or awards, or any part thereof, to be made for such property or any part thereof, in the proceeding; nor shall any evidence be received, as against the city, of any offer made to such owner, by or on its behalf, for the purchase of such property or any part thereof or for the purchase of the award or awards or any part thereof, to be made for such property, or any part thereof, in the proceeding.
a. The agency submitting the departmental estimate for a capital project shall furnish to the court such surveys, diagrams, maps and plans as the court shall require, to enable the court to hear and determine the claims of the owners of the real property affected by the proceeding. Such surveys, diagrams, maps and plans shall distinctly indicate by separate numbers, the names of the claimants to, or of the owners of the respective parcels of real property to be taken in such proceedings, so far as the same are known, and shall also specify in figures with sufficient accuracy the dimensions and bounds of each of such tracts to be taken. The court may require any agency of the city, if the corporation counsel shall approve, to furnish such other surveys, diagrams, maps and plans and such other information as shall aid and assist the court in the trial or determination of the proceeding.
b. It shall be lawful for the duly authorized agents of the agency furnishing such surveys, diagrams, maps and plans, and all persons acting under their or its authority and by their or its direction, 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 and maps or plans as such agency shall deem necessary.
The corporation counsel and the comptroller, in a capital project proceeding, shall furnish the court such necessary clerks and other employees and shall provide such suitable offices for such clerks and employees as may be required to enable the court to fully and satisfactorily discharge the duties imposed by law.
a. The court, after hearing such testimony and considering such proofs as may be offered, shall ascertain and estimate the compensation which should justly be made by the city to the respective owners of the real property being acquired. The court shall instruct the corporation counsel to prepare separate tabular abstracts of its estimate of damage.
b. The tabular abstract of the estimated damage shall set forth separately the amount of loss and damage, the names of the respective owners of each and every parcel of real property affected thereby as far as the same shall be ascertained, and a sufficient designation or description of the respective lots or parcels of real property acquired, by reference to the numbers of the respective parcels indicated upon the surveys, diagrams, maps or plans used by the court, or copies thereof, which, together with all of the affidavits and proofs upon which such estimates are based, shall accompany or be attached to such tabular abstracts.
c. The finance department shall furnish to the corporation counsel sets of the tax maps of the city in duplicate for filing therein and for convenience of reference thereto in the tabular abstract of estimated damage. The surveyor of the finance department shall make and furnish all necessary surveys and corrections of the section maps, necessary to keep the maps furnished to the corporation counsel as accurate as practicable.
d. Such tabular abstract or abstracts shall be signed by the justice trying the proceeding and filed with the clerk of the court in the county in which the order granting the application to condemn was filed and when so filed such abstract or abstracts shall constitute the tentative decree of the court as to awards for damages.
a. The mayor, prior to the purchase of the premises being acquired, upon which buildings or parts of buildings or other structures are erected, or prior to the signing of the final decree of the court, may agree with the owner or owners thereof, or any person having a beneficial interest therein, in case title thereto has not vested in the city:
1. As to the cost and compensation to be allowed and paid to them to remove such buildings or parts of buildings or other structures, and
2. That such sum or sums shall be the compensation to be awarded by the court, or allowed for the damage done such buildings or parts of buildings or other structures by virtue of such proceeding. Such agreement may also be made as a condition of the sale by the city, at private sale, of its interest in such buildings or parts of buildings or other structures, after vesting of title thereto, to the owner or owners of the award or awards therefor or other persons having an interest therein.
b. Such buildings or parts of buildings or other structures shall not, in any case, be relocated or re-erected within the lines of any proposed street or other public improvement. The mayor shall prescribe such conditions in the terms of sale, which, if broken, shall entitle the city to a resale of such property and which shall revest title thereto in the city.
c. The court shall accept such agreed amounts of compensation for the removal of buildings or parts of buildings or other structures as the amounts to be awarded as such compensation and include the same in the tentative and final decrees.
a. The court upon the authorization of the mayor, may make a separate and partial tentative decree and a separate and partial final decree embracing the entire real property being acquired therein, or successive sections or parcels thereof.
b. Whenever a separate and partial tentative and final decree or decrees shall have been authorized, the corporation counsel may file in the office of the county clerk and in the office in which instruments affecting real property are required to be recorded in the county in which the order granting the application to condemn is filed, a survey or map showing the part of the real property being acquired as to which a separate and partial tentative and final decree has been authorized, subdivided into parcels corresponding with separate ownerships thereof, as far as ascertained, and the corporation counsel and the court shall proceed with the ascertainment and determination of the damages with relation to the real property shown on such partial damage map in the same manner as provided for the ascertainment and determination of damages with relation to the entire real property embraced in the proceeding.
c. In case a separate and partial final decree or decrees as to damage, including part of the real property being acquired in the proceeding, shall have been made or filed therein and the justice who made and filed the separate and partial final decree or decrees as to damage shall have died or retired from the bench, or become incapacitated for any reason, the corporation counsel and the court shall proceed with the ascertainment and determination of damage with relation to the remaining real property damaged in the same manner as provided for the ascertainment and determination of damage with relation to the entire real property being acquired and shall make a separate and partial tentative and final decree as to damage as to all the real property being acquired in the proceeding, which shall not have been included in prior separate and partial final decrees as to damage. All provisions of this subchapter relating to tentative and final decrees shall apply to the separate and partial final decrees as to damage so made, provided, however, that the provision making it the duty of the justice to view the property being acquired shall not apply in case the buildings or improvements on the property or the part thereof being acquired shall have been removed or destroyed by the city or pursuant to its authority prior to the time the matter shall have been assigned to such justice for trial.
a. Upon the filing of the tentative decree the corporation counsel shall give notice, by advertisement in the City Record, of the filing of such tentative decree and that the city and all other parties interested in such proceedings, or in any of the real property affected thereby, having an objection thereto, shall file such objections, in writing, duly verified in the manner required by law for the verification of pleadings in an action, setting forth the real property owned by the objector, and such objector's post office address, in the office in which the tentative decree was filed within fifteen days after such publication in a capital project proceeding. Such notice shall be so published for a period of ten days in a capital project proceeding. Similar notice shall be given of the filing of any new, supplemental or amended tentative decree, and for the filing of objections thereto. The notice shall further state that the corporation counsel on a date specified in the notice will apply to the justice who made the tentative decree to fix a time when he or she will hear the parties objecting thereto.
b. After the filing of the tentative decree or of any new, or supplemental, or amended tentative decree, no award for damages shall be diminished without notice to the owner of the real property affected or the owner's attorney appearing in the proceeding and an opportunity given for a hearing in regard thereto before signing the final decree.
c. Every party objecting to the tentative decree or to the new supplemental or amended tentative decree or such party's attorney, within the time specified in the notice to file objections, shall serve on the corporation counsel a copy of such verified objections.
d. Upon the application of the corporation counsel, the justice shall fix the time when he or she will hear the parties so objecting and desiring to be heard. At the time so fixed the justice shall hear the person or persons who have objected to the tentative decree, or to the new, supplemental or amended tentative decree, and who may then and there appear, and shall have the power to adjourn from time to time until all parties who have filed objections and who desire to be heard shall have been fully heard.
a. After considering the objections, if any, and making any corrections or alterations in the tentative decree as to awards for damage, the justice trying the proceeding shall give instructions to the corporation counsel as to the preparation of the final decree. Such decree shall consist of the tentative decree, altered and corrected in accordance with the instructions of the justice; of the final awards, as determined by the court, set opposite the respective damage parcel numbers in a column headed "final award" in the tabular abstract of awards for damage; of a statement of the facts conferring upon the court jurisdiction of the proceeding; and of such other matters as the court shall require to be set forth. The final decree shall also contain a statement that the amounts set opposite the respective damage parcel numbers in the column headed "final awards" in the tabular abstract of awards for damage constitute and are the just compensation which the respective owners are entitled to receive from the city. The final decree shall also set forth the names of the respective owners of the several parcels acquired, but in all cases where the owners are unknown or not fully known to the court, it shall be sufficient to set forth and state in general terms in the decree the respective sums to be allowed and paid to the owners of the respective parcels for loss and damage without specifying their names or their estates or interests therein, and in such case the owners may be specified as unknown.
b. To the final decree shall be attached the surveys, diagrams, maps or plans referred to in subdivision a of section 5-315 of this subchapter, duly corrected, when necessary. Such decree shall set forth the several parcels taken by reference to the numbers of such parcels on the respective surveys, diagrams, maps or plans, and it shall not be necessary to describe any parcels acquired by metes and bounds.
c. Should any errors exist in the tentative decree, or in the surveys, diagrams, maps or plans attached thereto, or should there occur, between the date of the tentative decree and the time of the signing by the court of the final decree, any changes in ownership resulting in changes in the size of area, by subdivision or otherwise, of any of the parcels of any real property to be acquired, the court may alter and correct the respective surveys, diagrams, maps or plans to show such changes in such final decree. At the time of the entry of the final decree, the court shall direct that the maps furnished to the corporation counsel in the proceeding shall be revised and altered in agreement with the tax maps as of the date of the entry of such decree.
a. Notwithstanding any other provision of this subchapter, in any case where the owner of any real property affected by any proceeding under this subchapter or the owner's attorney and the corporation counsel enter into an agreement in writing whereby it is agreed that with respect to the award of damages in relation to such property, the filing of a tentative decree, the giving of notice to file objections and the filing and hearing of objections are waived, the filing of a tentative decree, the giving of such notice and the hearing of objections in relation to such award shall not be required.
b. In a capital project proceeding, the court may make a separate and partial final decree or decrees determining the final awards to any owners of real property affected by the proceeding who have entered into such waiver agreements or in whose behalf such agreements have been made by their attorneys, or where such agreements have been so entered into by or in behalf of all owners of real property affected by such proceeding, the court may make a final decree determining the final awards to such owners. In accordance with the procedure regularly governing where the provisions of subdivision a of this section are not applicable, the court may make such separate and partial tentative or final or other decrees as may be appropriate for the determination of awards to owners of real property affected by the proceeding who have not entered into such agreements and in whose behalf such agreements have not been made by their attorneys.
c. 1. Any separate and partial final decree or final decree determining final awards to owners of real property by whom or in whose behalf such waiver agreements have been so entered into shall be prepared by the corporation counsel in accordance with the instructions of the justice trying the proceeding, and shall set forth the following:
(a) such awards, as determined by the court, set opposite the respective damage parcel numbers;
(b) the facts conferring jurisdiction over the proceeding upon the court and such other matters as the court shall require to be included;
(c) a statement that the amounts set opposite the respective damage parcel numbers constitute and are just compensation which the respective owners are entitled to receive from the city; and
(d) the names of the respective owners of the several parcels acquired, as far as the same shall have been ascertained, but in all cases where the owners are unknown or not fully known to the court, it shall be sufficient to set forth and state in general terms in the decree the respective sums to be allowed and paid to the owners of the respective parcels for loss and damage, without specifying their names or their estates or interests therein, and in such case the owners may be specified as unknown.
2. If any such decree is the first separate and partial final decree or final decree filed in such proceeding, there shall be attached thereto the surveys, diagrams, maps or plans referred to in subdivision a of section 5-315 of this subchapter, duly corrected, when necessary. Any such decree referred to in this subdivision shall set forth the several parcels taken by reference to the numbers of such parcels on the respective surveys, diagrams, maps, or plans, and it shall not be necessary to describe any parcels acquired by metes and bounds.
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