Loading...
a. The corporation counsel in addition to the notice required in section four hundred two of the eminent domain procedure law shall give notice in the City Record, and in two public newspapers published in the city. A statement of the boundaries of the real estate to be acquired or affected, with separate enumerations of the numbers of the parcels to be taken in fee, and of the numbers of the parcels in which any interest or easement is to be acquired, with a reference to the date and place of filing the map or maps shall be sufficient description of the real estate sought to be so taken or affected. The notice in the City Record and public newspapers in the city shall be published and posted in accordance with the applicable provisions on publication and posting contained in subdivision (B) of section four hundred two of the eminent domain procedure law.
b. At the time and place mentioned in such notice, unless the court shall adjourn such application to a subsequent day, and in that event, at the time to which the same may be adjourned, the court, upon due proof to its satisfaction of such publication and posting, and upon filing the petition, shall make an order which shall not only grant the petition, but satisfy the other requirements of paragraph five of subdivision (B) of section four hundred two of the eminent domain procedure law. After satisfaction of the applicable provisions of the eminent domain procedure law, the court shall ascertain and appraise the compensation to be made to the owners and all persons interested in the real estate laid down on such maps, as proposed to be taken or affected for the purposes indicated in this subchapter. There shall be submitted to the same judge, at one time, however, only as many parcels as can reasonably be passed upon and an award made therefor, by the court, within the limits of one year from entry of the order granting the petition.
a. On entry of the order and filing of the acquisition map, the city shall be and become seized in fee of all those parcels of real estate which are shown on the map hereinbefore referred to made by the commissioner of which it has been determined by the commissioner that the fee shall be acquired, and shall be entitled to take and hold such interest in the parcels of land in which it has been determined that the fee shall not be acquired, as has been shown on such map and described in the petition. The city may upon satisfaction of the requirements of the eminent domain procedure law, take possession of the lands shown on such map, or any part or parts thereof.
b. The buildings or improvements thereon, however, shall not be removed or disturbed within one year from the date of the completion of notice of entry of the order as required by section five hundred two of the eminent domain procedure law unless ten days' notice is given to the owner or to the owner's attorney, of the intention to make such removal, and affording the owner an opportunity to examine the property with a justice of the court and such witnesses as the owner may desire. If the owner of the property cannot be found with due diligence, and there is no attorney representing the property or parcel, before removing, disturbing or destroying any of the buildings or improvements, the representatives of the city or the corporation counsel shall cause measurements to be made of the buildings and photographs to be taken of the exterior views thereof, which measurements and photographs shall be at the disposition, thereafter, of the claimant or the claimant's attorney in case such claimant or attorney shall appear and demand the same before the claim shall have been tried.
Every owner or person in any way interested in any real estate taken, affected or entered upon or used and occupied for the purposes contemplated by this subchapter, and any owner or person interested in real estate contiguous thereto, and which is affected by the acquisition, use or occupation of the real estate shown on such map, whether such contiguous real estate is shown on the maps or not, if they intend to make claim for compensation for such taking, entering upon, using or occupying, shall, within one year after completion of notice of entry of the order, file a statement of claim, pursuant to section five hundred three of the eminent domain procedure law, and shall thereupon be entitled to offer testimony and to be heard by the court touching such claim and the compensation proper to be made, and to have a determination made by such court as to the amount of such compensation. Every person, corporation, or body politic, neglecting or refusing to present such claim within such time shall be deemed to have surrendered his, her or its title or interest in such real estate or his, her or its claim for damages thereto, except so far as they may be entitled, as such owner or person interested, to the whole or a part of the sum of money awarded by the court as a just compensation for taking, using and occupying, or as damages for affecting the real estate owned by such person, corporation, or body politic.
a. It shall be the duty of the corporation counsel to furnish copies of the maps provided for in this subchapter to the court. The court shall view the real estate laid down on such maps, and shall hear the proofs and allegations of any owner, lessee or other person in any way entitled to, or interested in such real estate, or any part or parcel thereof, and also such proofs and allegations as may be offered on behalf of the city.
b. After the testimony is closed, the court shall without unnecessary delay, ascertain and determine the just compensation which should be made by the city to the owners, or to the persons interested in the real estate sought to be acquired or affected by such proceedings.
c. In the ascertainment of the compensation for any property or property rights so acquired, such compensation shall be based upon the actual values of the property or the interest acquired therein at the time of its taking, and there shall not be taken into consideration any prospective or speculative value, based upon the possible, probable or actual future use of such property, or property rights, if the same had not been acquired by the city for public use.
d. The court shall determine:
1. The height to which the waters of any lake, pond, or natural stream concerning which such proceedings were instituted may be raised and the point to which such waters may be drawn down by the city, such determination to be made before any award of damages shall be made on account of such proposed raising or depression of such waters.
2. The sum to be paid to the general or special guardian or committee of an infant, idiot or person of unsound mind, and to the attorney appointed by the court to attend to the interests of any unknown owner or party in interest, or to the attorney or guardian of any party in interest whose interests are unknown or the interest of any person or persons not in being.
a. The tentative decree of the court shall generally contain, in addition to one or more maps involved in the proceedings, the following:
1. A brief description of the several parcels of real estate taken or affected, with a reference to the map as showing the location and boundaries of each parcel.
2. A statement of the sum estimated and determined upon by the court as a just compensation to be made by the city to the owners of or persons entitled to or interested in each parcel so taken or affected.
3. A statement of the names of respective owners of or persons entitled thereto or interested therein. In all cases where the owners and parties interested, or their respective estates or interests are unknown, or not fully known to the court, it shall be sufficient for the court to set forth and state, in general terms, the respective sums to be allowed and paid to the owners thereof and parties interested therein generally, without specifying the names or estates or interests of such owners or parties interested or any or either of them. The court shall also recommend such sums as shall seem to the court proper to be allowed to the parties or attorneys appearing before the court, as costs, counsel fees, expenses and disbursements, including reasonable compensation for witnesses as provided in sections seven hundred one and seven hundred two of the eminent domain procedure law.
b. The court, in its discretion, may take up any specified claim or claims, and finally ascertain and determine the compensation to be made thereon, and make a separate finding with reference thereto, annexing to such finding a copy of so much of the maps as displays the parcel or parcels so reported on. Such finding, as to the claims therein specified, shall be the finding required in this subchapter, and the subsequent action with reference thereto shall be had in the same manner as though no other claim was embraced in the proceeding, which, however, shall continue as to all claims upon which no such determination and finding shall have been made.
c. The tentative decree, shall be filed in the office of the clerk of the county in which the real estate shall be situated.
Loading...