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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.
a. The corporation counsel, or in case of his or her neglect to do so within ten days after receiving notice of the filing of the tentative decree, any person interested in the proceedings, shall give notice that such decree will be presented for confirmation to the supreme court, at a time and place to be specified in such notice. The notice shall contain a statement of the time and place of the filing of the decree, and shall be published in each of the newspapers referred to in section 5-358 of this subchapter, once in each week, for at least four weeks immediately prior to the presentation of such decree for confirmation.
b. Upon the hearing of the application for the confirmation thereof, such court shall confirm such decree in whole or in part after hearing any objections thereto and amending the same if proof presented justifies such amendments. As to the whole or any portion of the decree confirmed, the court shall make an order, containing a recital of the substance of the proceedings in the matter of the appraisal with a general description of the real estate appraised, and for which compensation shall be made. The court shall also direct to whom the money shall be paid, or in which trust company it shall be deposited by the comptroller. Such decree when so confirmed, except in the case of an appeal, as provided in section 5-369 of this subchapter, shall be final and conclusive as well upon the city as upon the owners and all persons interested in or entitled to such real estate, and also upon all other persons whomsoever.
Within twenty days after the making, entry and service of the final decree, either party may appeal by notice, in writing, to the appellate division of the supreme court of the judicial department in which the real estate described in the petition and shown on the map is situated. Such appeal shall be heard, on due notice thereof being given, according to the rules and practice of such court, and pending such appeal the comptroller shall deposit in such trust company as the court shall direct, the amount of the award, with interest to the date of such deposit and the funds so deposited shall remain with the trust company, subject to the further order of the court. On the hearing of such appeal the court may direct a new trial by the supreme court and either party if aggrieved, may take a further appeal, which shall be heard and determined by the court of appeals. If the amount of compensation to be made by the city shall be increased at the second trial, the difference shall be paid by the comptroller to the parties entitled to the same, or shall be deposited, as the court may direct; and if the amount shall be diminished, the difference shall be refunded to the city by the trust company. The taking of an appeal by any person or persons, however, shall not operate to stay the proceedings under this subchapter, providing such award and interest have been deposited.
The comptroller, within four calendar months after the making and entry of the final decree, shall pay to the respective owners and bodies, politic or corporate, mentioned or referred to in such decree, in whose favor any sum or sums of money shall be determined, the respective sum or sums so determined in their favor respectively, with lawful interest thereon, from the date title to the real property vested. In case of neglect or default in the payment of the same within such time, the respective person or persons, or bodies, politic or corporate, in whose favor the same shall be so determined, his, her or their executors, administrators, legal representatives or successors, at any time or times, after application first made by him, her or them to the comptroller, for payment thereof, may sue for and recover the same, with such lawful interest and the costs of suit, in any proper form of action against the city in any court having cognizance thereof, and in which it shall be sufficient to declare generally for so much money due to the plaintiff or plaintiffs therein by virtue of this subchapter, for real estate taken or affected for the purposes herein mentioned. The final decree, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action, and entitle plaintiff to judgment therein.
a. Payment of the compensation awarded in the final decree to the person or persons, corporation, or body politic named therein, (if not infants or persons of unsound mind) shall, in the absence of notice to the city of other claimants to such award, protect the city.
b. Where, however, any such sum or sums, or compensation, determined in favor of any person or persons, or party or parties, whatsoever, whether or not named in such report, shall be paid to any person or persons, or party or parties, when the same shall of right belong and should have been paid to some other person or persons, or party or parties, it shall be lawful for the person or persons, or party or parties to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suits, as so much money had and received to his, her or their use, by the person or persons, party or parties respectively to whom the same shall have been so paid.
Whenever:
1. The owner or owners, person or persons interested in any real estate taken or affected in the proceedings, or in whose favor any such sum or sums or compensation shall have been determined, shall be under the age of twenty-one years, of unsound mind, or absent from the state of New York, or
2. The name or names of the owner or owners, person or persons interested in any such real estate shall not be set forth or mentioned in such final decree, or
3. Such owner or owners, person or persons, being named therein cannot, upon diligent inquiry, be found or
4. There are adverse or conflicting claims to the money awarded as compensation.
It shall be lawful for the city to pay the sum or sums determined to be payable to, or to which such owner or owners, person or persons, respectively, shall be entitled, with interest, thereon into such trust company as the court may direct. Such deposit shall be to the credit of such owner or owners, person or persons, and such payment shall be as valid and effectual, in all respects, as if made directly to the owner or owners, person or persons interested therein, respectively, according to their just rights.
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