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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.
a. The final decree, together with all affidavits and proofs upon which the same is based, shall be filed in the office of the clerk of the county in which the order granting the application to condemn was filed, and a certified copy of such decree shall be filed in the office in which instruments affecting real property are required to be recorded, in every county in which any part of the real property affected is situated and shall be filed in the department of citywide administrative services of the city of New York.
b. The final decree, unless set aside or reversed on appeal, shall be final and conclusive as well upon the city as upon the owners of the real property mentioned therein, and also upon all other persons whomsoever.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
The city or any party or person affected by the proceeding and aggrieved by the final decree of the court therein as to awards may appeal to the appellate division of the court. An appeal from the final decree of the court must be taken within thirty days after notice of the filing of such final decree. Except as herein otherwise provided, such appeal shall be taken and heard in the manner provided by the civil practice law and rules and the rules and practice of the court in relation to appeals from orders in special proceedings, and such appeal shall be heard and determined by such appellate division upon the merits both as to matters of law and fact. The determination of the appellate division shall be in the form of an order. The taking of an appeal by any person or persons shall not operate to stay the proceedings under this subchapter except as to the particular parcel of real property with which the appeal is concerned. The final decree of the court shall be deemed to be final and conclusive upon all parties and persons affected thereby, who have not appealed. Such appeal shall be heard upon the evidence taken by the court or such part or portion thereof as the justice who made the decree may certify, or the parties to such appeal may agree upon as sufficient to present the merits of the questions in respect to which such appeal shall be had. An appeal taken but not prosecuted within six months after the filing of the notice of appeal, unless the time within which to prosecute the same shall have been extended by an order of the court, shall be deemed to have been abandoned and no agreement between the parties extending the time within which such appeal may be prosecuted shall vary the provisions hereof. When a final decree of the court shall be reversed on appeal, such reversal shall not divest the city of title to the real property affected by the appeal.
An appeal to the court of appeals may be taken by the city or any person or party interested in the proceeding and aggrieved by the order of the appellate division. Such appeal shall be taken and heard in the manner provided by the civil practice law and rules and the rules and practice of the court of appeals in relation to appeals from orders in special proceedings. An appeal taken but not prosecuted within six months after the filing of the notice of appeal, unless the time within which to prosecute the same shall have been extended by an order of the court, shall be deemed to be abandoned, and no agreement between the parties to the appeal extending the time to prosecute the same shall vary the provisions hereof. The court of appeals may affirm or reverse the order appealed from, and may make such order or direction as shall be appropriate to the case. If the final decree or decrees of the court shall be reversed by the court of appeals, such reversal shall not divest the city of title to the real property affected by the appeal.
a. The bill of the reasonable and necessary costs, charges and expenses which by law are required to be taxed shall not be paid or allowed until they shall have been taxed by the court after notice given as in this section provided. Upon such taxation, due proof of the nature and extent of the services rendered and the disbursements charged shall be furnished, and no unnecessary costs or charges shall be allowed. All items in the bill shall be stated in detail and shall be accompanied by such proof of the reasonableness thereof and the necessity therefor, as is now required by law and the practice of the court upon taxation of costs and disbursements in other special proceedings or actions in such court. Proof by affidavit shall also be given of the dates of rendering services. No such claim for compensation, in a capital project proceeding, shall be allowed or paid unless it be accompanied by a certificate of the comptroller setting forth that the same has been audited and examined, and further certifying the result of such audit and examination. Such certificate shall be presumptive evidence of the correctness, reasonableness and necessity of such bill.
b. In a capital project proceeding, the corporation counsel shall be given five days' notice of the taxation of the bill of costs, charges and expenses.
c. Property owners appearing in the proceedings shall not be entitled to recover counsel fees, costs, disbursements or allowances, except as provided in sections seven hundred one and seven hundred two of the eminent domain procedure law.
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