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a. All damages awarded by the court, with interest thereon from the date title to the real property acquired shall have vested in the city and all costs, charges and expenses which may have been taxed shall be paid by the city to the respective owners mentioned or referred to in the final decree or to the persons in whose favor such costs, charges and expenses were taxed, as hereinafter provided.
b. In a capital project proceeding, payment shall be made within two calendar months after the entry of the final decree. In default of such payment, the owners or other persons entitled to be paid in the proceeding may at any time after application first made to the comptroller therefor, sue for and recover the amount due, with lawful interest, and the costs of such suit. Upon the application to the comptroller for payment, the applicant may state that any outstanding taxes, assessments or other liens may be deducted from the amount otherwise payable, and in that event, the fact that there are outstanding taxes, assessments or other liens shall not impair or invalidate such application nor operate as a bar to the collection of interest upon the amount awarded less the amount of such outstanding taxes, assessments or other liens.
c. Payment of an award to a person named in the final decree as the owner thereof, if not under legal disability, shall in the absence of notice in writing to the comptroller of adverse claims thereto, protect the city.
d. Where an award shall be paid to a person not entitled thereto, the person to whom it ought to have been paid may sue for and recover such award, with lawful interest and costs of suit, as so much money had and received to his or her use by the person to whom the same shall have been paid.
e. 1. When an owner in whose favor an award shall have been made in a final decree, shall be under legal disability or absent from the city, and when the name of the owner shall not be set forth or mentioned in the final decree or when the owner, although named in such decree, cannot, upon diligent inquiry, be found, or where there are adverse or conflicting claims to the money awarded as compensation, the city shall pay such award into the supreme court, to be secured, disposed of, invested or paid out as such court shall direct, and such payment shall be as valid and effectual in all respects as if made to the owner or other person entitled thereto.
2. In default of such payment into court, the city shall be and remain liable for such award, with lawful interest thereon from the date upon which title to the real property for which said award was made vested in the city, in a capital project proceeding.
The mayor may authorize the comptroller to pay to the person entitled to an award for real property acquired in a proceeding, in advance of the final determination of such person's damages pursuant to the requirements of article three of the eminent domain procedure law, a sum to be determined by the corporation counsel, after an appraisal of the damages sustained by such person by the expert or experts employed by the corporation counsel less any liens or encumbrances of record upon such property, which amount shall be certified to the comptroller by the corporation counsel. The mayor shall authorize the comptroller to cause to be published in the City Record for ten consecutive days a notice stating that the comptroller is ready to pay such persons entitled to awards for real property acquired in such proceed-ing, in advance of the final determination of their damage. Such notice shall describe the property for which such advance payment may be made by tax block and lot numbers or the damage parcel numbers of the real property involved. Before any such advance payment shall be made, the comptroller shall procure the certificate of the corporation counsel showing the amount to be paid to the claimant, that said amount does represent one hundred percent of the city's appraised valuation and that the person to whom payment is to be made is the person legally entitled to receive the same. In case the person entitled to an award at the date of the vesting of title to the real property in the city shall have transferred or assigned his or her claim, such transfer or assignment made by such person, or by his or her successor in interest or legal representative, shall not become binding upon the city unless the instrument or instruments evidencing such transfer or assignment shall have been executed and filed in the office of the comptroller prior to any such advance payment. When any such advance payment shall have been made, the comptroller, on paying the awards made for the real property acquired, shall deduct from the total amount allowed as compensation the sum advanced plus interest thereon from the date of the payment of such advance to the date of the final decree and the balance shall be paid as provided in section 5-327 of this subchapter.
a. In any proceedings instituted pursuant to any of the provisions of this subchapter, or pursuant to the provisions of any other statute providing for the acquisition of title to real property by the city, in which title thereto shall have become vested in such city prior to the entry of the final decree of the court, the mayor shall have power and is hereby authorized to purchase or to approve the purchase on behalf of the city from the individuals or corporations who were the owners of such real property at the date of the vesting of title thereto, or their successors in interest or legal representatives, their right and title to the award or awards, or any part thereof, to be made in such proceeding and to take an assignment thereof to the city. If such owner or owners or their successors in interest or legal representatives shall have transferred or assigned such claim, such transfer or assignment made by such owner or owners or by their successors in interest or legal representatives shall not become binding upon the city unless the instrument or instruments evidencing such transfer or assignment shall have been executed and filed in the office of the comptroller as provided in section 5-330 of this subchapter, prior to the completion of such purchase by the city.
b. An option granted to the city to purchase such award or awards for a period not to exceed six months shall not be withdrawn or cancelled during the period named therein.
In case of the pledge, sale, transfer or assignment of an award by the person entitled to receive the same by virtue of the final decree of the court, or by other order of the court, the instrument evidencing such pledge, sale, transfer or assignment, acknowledged or proved as instruments are required to be acknowledged or proved for the recording of transfers of real property, shall be filed in the office of the comptroller, who shall endorse on such instrument its number and the hour, day, month and year of its receipt. If an assignment of an award be contained in an instrument recorded in an office in which instruments affecting real property are by law required to be recorded, a certified copy thereof may be filed in the office of the comptroller in place of the original. An alphabetical index shall be kept under the names of the pledgor or assignor, and of the pledgee or assignee, stating the title of the proceeding, the time of the filing of the instrument, the file number thereof, and what part of the award is assigned thereby. A memorandum of the file number of the instrument shall be made by the comptroller on the duplicate decree of the court opposite the place where the amount of the award so assigned is set forth. Every such instrument not so filed shall be void as against any subsequent pledgee or assignee in good faith and for a valuable consideration from the same pledgor or assignor, his or her heirs, administrators or assigns, of the same award or any portion thereof, the assignment of which is first duly filed in the office of the comptroller. Payment to the assignee or pledgee shown to be entitled to the award by such record in the office of the comptroller shall protect the city from liability to any other person or persons.
The court at any time may correct any defect or informality in any notice, petition, pleading, order or decree in the proceeding, or cause real property affected by such defect, informality or lack of jurisdiction to be excluded therefrom, or other real property affected by such defect, informality or lack of jurisdiction to be included therein by amendment, upon ten days' notice, published and posted as provided for the institution of the proceeding, and may direct such further notices to be given to any party in interest as it shall deem proper.
At any time after the date of entry of the order granting the application to condemn, the corporation counsel, or any owner may apply to the court for an order directing any owner or owners, or the corporation counsel, as the case may be, to show cause why further proceedings under this subchapter on the part of such owner or owners or of the corporation counsel should not be expedited. Upon the hearing directed by such order to show cause, the court in its discretion may make an order directing that such proceedings be expedited in the manner stated therein and also making such further directions with respect to the particulars shown upon the application as shall be just and proper in the premises.
The mayor may effect a discontinuance of any proceeding as to the whole or a part of the lands to be acquired in such proceeding, at any time before title to the real property to be thereby acquired shall have vested in the city, and may cause new proceedings to be taken for the condemnation of such real property. In case of such discontinuance, however, the city shall adhere to the provisions of section seven hundred two of the eminent domain procedure law and the reasonable actual cash disbursements, necessarily incurred and made in good faith by any party interested, shall be paid by the city, after the same shall have been taxed by a justice of the supreme court, upon ten days' notice of such taxation being previously given to the corporation counsel, provided the application to have such disbursements taxed shall be made and presented to the court within one year after the action of the mayor. For the purposes of this section, the fair and reasonable value of the services of an attorney retained by any interested party to represent such party's interests in said condemnation proceedings, whether on a contingent fee basis or otherwise, if such retainer be made in good faith, shall be deemed to be an actual cash disbursement, necessarily incurred by such interested party and shall be taxable in the same manner as other disbursements. The amounts taxed as disbursements shall be due and payable thirty days after written demand for payment thereof shall have been filed with the comptroller.
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