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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.
a. The title to any piece or parcel of the real property authorized to be acquired hereunder for any public improvement or for any public purpose shall be vested in the city upon the entry of the order granting the application to condemn, in a capital project proceeding, in accordance with section four hundred two of the eminent domain procedure law.
b. Upon the date when title to the real property shall have vested as provided in subdivision a of this section, the city, in a capital project proceeding shall become and be seized in fee of or of an easement in, over, upon, or under such real property as the mayor may have determined, the same to be held, appropriated, converted and used for the purposes for which the proceeding was instituted.
c. The city or any person acting under its authority, or the agency which upon the acquisition of title to such real property will have jurisdiction thereof, shall immediately or any time thereafter take possession of such property without suit or other judicial proceedings in accordance with the provisions of the eminent domain procedure law pertaining to possession.
a. Where the whole of any lot or parcel of real property, under lease or other contract, shall be taken, all the covenants, contracts and engagements between landlord and tenant or any other contracting parties touching the same, or any part thereof, upon the vesting of title in the city, shall cease and determine and be absolutely discharged. Where part only of any lot or parcel of real property so under lease or other contract shall be so taken, all contracts and engagements respecting the same, upon such vesting of title, shall cease and determine and be absolutely discharged, as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof.
b. All persons in possession of such premises at the time of the vesting of title thereto in the city, shall at the option of the city become tenants at will of such city and shall, unless the parties otherwise agree in writing, pay the same rent in effect immediately prior to vesting of title or unless within ten days after the vesting of title they shall elect to vacate and give up their respective holdings.
c. Where a person or persons in possession of the premises at the time of vesting of title thereto are the owners thereof, such person or persons shall at the option of the city become tenants at will of such city, unless within ten days after the vesting of title they shall elect to vacate and give up their holdings. Where such person or persons fail to vacate and give up their holdings, and become tenants at will of the city as herein provided, such person or persons shall pay the reasonable value for the use and occupancy of the premises.
d. Where a person in possession is entitled to an award in such proceeding the rental as provided in subdivision b and the sum fixed for use and occupation as provided in subdivision c herein, during the period between the date of vesting of title in the city and the date of the actual payment of the award, shall be a lien against such award, subject only to liens of record at the time of the vesting of title in the city.
1. Notwithstanding any general, special or local law to the contrary, where rent is paid for the use of land on which a one or two family dwelling has been constructed, in the event of condemnation for public use a separate award shall be made to the owner of the land and a separate award shall be made to the owner of the dwelling except where there is a written agreement to the contrary.
2. In no event shall the total of the awards, as above, be in excess of what a single award would have been.
a. The title acquired in real property required for any streets shall be kept in trust, that the same be appropriated and kept open for, or as part of a public street, forever, in like manner as the other streets in the city are and of right ought to be.
b. The mayor, at the time of authorizing the proceedings in which lands are to be acquired for courtyard purposes, may determine whether the fee or an easement shall be acquired in lands required therefor, and the mayor may prescribe such conditions and limitations on the title so to be acquired and as to the temporary or permanent use of the land so to be acquired as he or she may deem proper. The title which the city shall acquire to the lands required for courtyard purposes shall be such as the mayor shall determine. Such title shall be held by the city subject to such limitations and conditions as to title thereto, or as to the use thereof, as the mayor shall prescribe. If not inconsistent with such limitations and conditions as to title or as to the use, land acquired for courtyard purposes may be devoted to general street uses whenever the board of estimate shall determine that the public interest requires such use.
c. The title in fee acquired by the city to real property, except for street and courtyard purposes, shall be a fee simple absolute.
If any individual or corporation, before the entry of the order granting the application to condemn, has acquired any easement for the purpose of laying or maintaining in the real property to be acquired for street purposes in a proceeding pursuant to this subchapter, underground pipes or conduits for the distribution of water, gas, steam or electricity, or for pneumatic service, such easement shall not be extinguished, but the title to the real property so to be acquired for the purposes authorized shall be taken subject to such easement; provided, however, that nothing herein contained shall be so construed as to limit the power of the city to acquire by purchase or by condemnation proceedings the entire plant or service of such individual or corporation, or to acquire such easement in such street in any other appropriate proceedings.
The city may acquire for street purposes title in fee or to an easement, as may be determined by the mayor to any real property heretofore acquired through purchase or condemnation by any railroad corporation in the boroughs of Brooklyn and Queens for its corporate purposes and which real property lies within the lines of, is adjacent to, adjoins or separates any street or any part or parts thereof, now or hereafter laid out upon the city map, where the state commissioner of transportation certifies that the ownership or exclusive use of such real property or easement thereover is no longer necessary to the carrying out of such corporate purposes. Such title or easement, however, shall be acquired by the city subject to the right of the corporation to continue to use such real property during the term of its corporate existence and for its corporate purposes, or in lieu thereof to use for a like term and like purposes such other portion of the streets within which such real property shall lie, as the public service commission shall designate.
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