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On filing such oaths, in the manner provided in section 5-384 of this subchapter, the city shall be and become seized in fee of all those parcels of real estate which are on the maps referred to in section 5-379 of this subchapter delineated as parcels, of which it has been determined that the fee should be acquired, and shall also be and become vested of the easements, in, over, upon or through all those other parcels of real estate which are on said maps delineated as parcels in, over, upon or through which it has been determined that easements should be acquired; and may immediately or at any time or times thereafter take possession of the same or any part or parts thereof without any suit or proceeding at law for that purpose; provided, however, that before the city takes possession of the same it shall pay to the respective owner or owners of each of such parcels of real estate, which are upon such maps delineated as parcels of which it has been determined that the fee should be acquired, (a) if located outside the counties of Ulster, Greene, Sullivan, Schoharie and Delaware, a sum of money equal to one-half the assessed valuation of such real property as the same appears upon the assessment roll of the town or tax district in which the same is situate for the year next preceding that in which the city becomes seized in fee of each of such parcels of real estate, and (b) if located in the counties of Ulster, Greene, Sullivan, Schoharie or Delaware, a sum of money equal to fifty per centum of the full valuation of such real estate. In the event that a parcel so delineated on said map as a fee parcel is not separately assessed on the assessment roll of the town or tax district in which the same is situated but is assessed as a part of another tract, then the amount which the city shall be required to pay or deposit under this section shall be (a) if the parcel be located outside the counties of Ulster, Greene, Sullivan, Schoharie and Delaware, the proportion which the assessed valuation of the parcel acquired bears to the assessed valuation of the entire property as a part of which said parcel is assessed, and (b) if the parcel be located in the counties of Ulster, Greene, Sullivan, Schoharie or Delaware, the proportion which the full valuation of the parcel acquired bears to the full valuation of the entire property as a part of which said parcel is assessed. The supreme court in the judicial district in which the land is situated is hereby authorized to make an order prorating such assessed valuation or full valuation, as the case may be, and to determine the proportion of such assessed valuation or full valuation, as the case may be, which the city of New York shall be required to pay before taking possession of such parcel. The city, at its option and by agreement with such respective owner or owners, may, instead of paying to him or her or them the amount or amounts hereinbefore required, pay to him or her or them a sum or sums of money greater than but not more than twice the amount or amounts hereinbefore required. For the purposes of this section only, "full valuation" of real estate shall mean the assessed valuation thereof, as the same appears on the assessment roll of the town or tax district in which the real estate is situate for the year next preceding that in which the city becomes seized in fee thereof, divided by the rate of assessment of real property in such town or tax district for the same year as finally recommended for adoption by the state tax commission under the provisions of the real property tax law formerly contained in sections fifty and one hundred seventy-four of the tax law. Deposit of all moneys hereunder to the credit of, or payable to the order of the owner, pursuant to the direction of the court, shall be deemed a payment within the provisions of this section, and, thereupon, the commissioner of environmental protection, or any person or persons acting under their or its authority may enter upon and use and occupy to the exclusion of any and all other persons all the parcels of real estate delineated on such map for the purpose of carrying out the plan or plans, or any part thereof, described in section 5-377 of this subchapter, provided, however, that no buildings or improvements shall be removed or disturbed within one year from the date of the filing of the oaths of the commissioners unless thirty days' notice in writing is given to the owner, or to his or her attorney, if any, by the corporation counsel of the intention to make such removal, and affording the owner an opportunity to examine the property with the commissioners of appraisal and such witnesses as he or she may desire. If the owner of the property can not be found with due diligence, and there is no attorney representing such property or parcel, before removing, disturbing, or destroying any of the buildings, or the improvements, a representative of the commissioner of environmental protection or of the corporation counsel shall cause measurements to be made of the buildings and photographs of the exterior views thereof, which measurements and photographs shall be at the disposition thereafter of the claimants, or their attorneys, in case such claimants or their attorneys should appear and demand the same before the case is tried.
a. Any one of such commissioners of appraisal may issue subpoenas and administer oaths to witnesses; and they or any one of them, in the absence of the others, may adjourn the proceedings from time to time in their discretion; but they shall continue to meet from time to time as may be necessary, within the judicial district where the lands or any part thereof may be located, to hear, consider and determine upon all claims which may be presented to them under the provisions of this subchapter. Within thirty days after the commissioners have been appointed and have qualified, the city shall furnish the commission with a list of the claims that have been filed and are to be determined and the commissioners shall have full power and authority to prepare a calendar of all such claims and to determine the order and priority of the hearing of such claims; to set down the hearing of any such claim for a day certain; and to order an inquest in or a dismissal of any claim for failure of a party to appear at the time designated for the hearing thereof unless the commissioners shall determine that a reasonable excuse for such failure exists. They shall view the real estate laid down on the 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. They shall rule upon motions and objections made in connection with the admission or exclusion of testimony or evidence in any hearing before the commissioners and shall make findings upon which their awards are made and separate findings upon which the fees and allowances are based. They shall reduce the testimony taken before them to writing, and after the testimony is closed, they or a majority of them, all having considered the same, and having an opportunity to be present, shall without unnecessary delay, ascertain and determine the just and equitable compensation which ought justly to be made by the city to the owners or the persons interested in the real estate sought to be acquired or affected by such proceedings, including just and equitable compensation to the owner of any leasehold taken or affected in the proceeding. Such commissioners of appraisal shall make reports of their proceedings to the supreme court as in the next section provided, with the minutes of the testimony taken by them and the findings of fact made by them, and they shall be entitled to the payments hereinafter provided for their services and expenses to be paid from the fund hereinafter provided.
b. In case of the death, resignation, refusal or neglect to serve of any or all of such commissioners of appraisal, the corporation counsel shall upon ten days' notice to be given by advertisement in the newspapers designated as hereinbefore provided, apply to the supreme court at a special term thereof, to be held in the judicial district in which the land or any part thereof affected by the proceedings, is situated, for the appointment of one or more commissioners to fill the vacancy or vacancies so occasioned.
c. In the event that the corporation counsel shall fail, neglect or refuse to make such application within thirty days after any such vacancy shall have occurred as hereinabove provided, any person interested in the proceeding may similarly apply after such advertisement for the filling of any vacancy. The city of New York shall be liable for the reasonable expenses of such advertisement together with ten dollars costs of motion in the event of any such application by any such interested person.
a. The commissioners of appraisal shall prepare a report, and such copies thereof as may be required. Such report or reports shall contain a brief description of the several parcels of real estate so acquired, taken or affected, with a reference to the map or maps as showing the exact location and boundaries of each parcel; a statement of the sum estimated and determined upon by them as a just and equitable compensation to be made by the city to the owners or persons entitled to or interested in each parcel so taken, or as to which any right, title, interest, privilege or easement is taken, acquired or extinguished; and a statement of the respective owners or persons entitled thereto, or interested therein. In every case where the owners and parties interested, or their respective estates or interests are unknown, or not fully known to the commissioners of appraisal, it shall be sufficient for them to set forth and state in general terms the respective sums to be allowed and paid to the owners of, and parties interested therein generally, without specifying the name of estates or interests of such owners, or parties interested, or any or either of them.
b. Where loss, damage or expense, direct or consequential, has resulted to any duly incorporated railroad corporation, operating a steam railroad in any county in which land shall be acquired in pursuance of the provisions of this subchapter, or by reason of any of the matters in this subchapter involved, or any electric corporation, or the owner of any water power on any of the streams or waters affected by the provisions of this subchapter, the board of estimate is hereby authorized and empowered to agree with such railroad corporation, or any such electric corporation, or the owner of any such water power, upon the compensation which shall be made to it for such loss, damage or expense. In the event of no agreement being reached between such board and such railroad corporation, or any such electric corporation, or the owner of any such water power, the commissioners of appraisal appointed to estimate damages for lands acquired in such county are hereby authorized and directed to pass upon such claim and to make awards therefor as provided in this subchapter.
c. Subject to review by the court as hereinafter provided, the commissioners may also recommend such sums, if any, as shall seem to them proper to be allowed, to parties appearing in the proceeding, as expenses and disbursements including reasonable compensation for witnesses and what sums, if any, ought to be paid to the general or special guardian of an infant, idiot, or person of unsound mind, or to an attorney appointed by the court to attend to the interests of any known owner or party in interest who has not appeared in the proceedings for expenses or counsel fees.
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