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The commissioners of appraisal appointed in pursuance of this subchapter shall receive as compensation such fees and expenses as may be taxed by the court upon notice to the corporation counsel who shall also furnish them with the necessary clerks, stenographers, surveyors and other employees. The corporation counsel shall, either in person, or by such assistants or other counsel as he or she shall designate for the purpose, appear for and protect the interests of the city in all proceedings in court under this subchapter including the taxation of fees, compensation and expenses and proceedings before the commissioners. The fees of the commissioners and the salaries and compensation of their employees, and their necessary traveling expenses, and all other necessary expenses, in and about the special proceedings provided by this subchapter to be had for acquiring title or extinguishing claims for damages to real estate, and such allowances for counsel fees as may be made by order of the court shall be paid by the comptroller out of the funds provided therefor. Such fees and expenses shall not be paid until they have been taxed before a justice of the supreme court in the judicial district in which the lands or some part thereof are situated upon eight days' notice to the corporation counsel. Such allowances shall in no case exceed the limits prescribed by section eight thousand three hundred three of the civil practice law and rules. The salaries and compensation of the persons employed, as provided for in this subchapter, to prepare the necessary surveys, plans and estimates and for other purposes and to direct, supervise and inspect the work required to be done under the provisions of this subchapter, and such other expenses in and about the same as are not herein required to be under contracts let after completion, shall be paid by the comptroller on the certification of the commissioner of environmental protection or of such person or persons as the commissioner may designate. The compensation and expenses of such of the corporation counsel's assistants or other counsel as the corporation counsel may designate to represent and aid the commissioner in the performance of his or her duties under this subchapter shall also be paid out of the funds provided therefor, and upon the certificate of the corporation counsel who shall have power to appoint such assistants or other counsel, and to fix their compensation. The various sums of money growing due from time to time, under the terms of the several contracts, made for the doing of the work and furnishing the material required by this subchapter, shall be paid by the comptroller on the certification of the commissioner of environmental protection or such person or persons as the commissioner may from time to time designate.
a. The owner of any real estate not taken by virtue of this subchapter and article fifteen of the environmental conservation law or of any established business on the first day of June, nineteen hundred five, except as hereinafter provided, and situate in the counties of Ulster, Albany or Greene, directly or indirectly decreased in value by reason of the acquiring of land by the city for an additional water supply or by reason of the execution of any plans for such additional water supply by the city under the provisions of this subchapter and article fifteen of the environmental conservation law, his or her heirs, assigns or personal representatives shall have a right to damages for such decrease in value. The owner of any real estate not taken by virtue of this subchapter or of any established business on the first day of December, nineteen hundred fourteen, except as hereinafter provided, situate in the counties of Ulster, Greene, Delaware or Schoharie, directly or indirectly decreased in value by reason of the acquisition, after the passage of this subchapter of land by the city for an additional water supply from the Schoharie watershed, or by reason of the execution of any plans for such additional water supply from such watershed, under the provisions of this subchapter, his or her assigns or personal representatives, shall have a right to damages for such decrease in value. The owner of any real estate, not taken, situate in any one or more of the counties of Ulster, Delaware, Orange or Sullivan, or of any established business, directly or indirectly decreased in value by reason of the execution of any plans for or by the acquisition of land by the city for a water supply from the Rondout and Delaware watersheds except that portion of the Delaware watershed of the west branch of the Delaware river within such counties, or any of them, and the owner of any real estate, not taken, situate in any one or more of such counties or situate in the corporate limits of the village of Deposit in the county of Broome existing on the first day of April, nineteen hundred fifty-nine, or of any established business, which business was established on or prior to the first day of April, nineteen hundred fifty-nine which is directly or indirectly decreased in value by reason of the execution of any plans for or by the acquisition of land by the city for a water supply from the watershed of the west branch of the Delaware river, pursuant to law, his or her or its assigns, or personal representatives in any such case shall have a right to damages for such decrease in value, from the time of the beginning of such decrease in value, provided, however, that in the case of an established business, the recovery of or award made to any claimant shall not include any business that may have resulted by reason of the execution of any plans for such water supply. The commissioner of environmental protection may agree with such person as to the amount of such damages, and if such agreement can not be made such damages, if any, shall be determined in the manner herein provided for the ascertaining and determining the value of real estate taken under the provisions of this subchapter, and the commissioners shall not be limited in the reception of evidence to the rules regulating the proof of direct damages. They 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. The amount of such damages so agreed upon as aforesaid or determined as aforesaid shall be payable and collectible in the same manner as is herein provided in the case of awards made through the confirmation of a report of commissioners of appraisal.
b. A person employed in a manufacturing establishment, or in an established business, or upon any lands, and who is not an owner or part owner thereof or of any interest therein, in the counties of Ulster, Delaware, Orange and Sullivan, which manufacturing establishment, established business or lands is injured or destroyed because of the acquisition by the city of an additional water supply from any watershed within such counties, except the watershed tributary to the west branch of the Delaware river, or which lands are taken or acquired for like purpose by the city and a person who was employed in a manufacturing establishment or in an established business or upon any lands within such counties or in the corporate limits of the village of Deposit in the county of Broome and who is not an owner or part owner thereof or of any interest therein, which manufacturing establishment or established business or lands is injured or destroyed because of an acquisition by the city of an additional water supply from the watershed of the west branch of the Delaware river, or which lands are taken or acquired for like purpose by the city, and who in any such case has been so employed continuously for six months prior to, and who continues in such employment up to the time of such injury, destruction, taking or acquisition, shall have a claim for damages against the city equal to the salary paid such employee for the six months immediately preceding such injury, destruction, taking or acquisition. Such damages may be determined by agreement with the commissioner of environmental protection. In case such agreement can not be made such employee may maintain an action against the city in the supreme court to recover such damages, not, however, to exceed the sum of wages paid the employee for the six months preceding such injury, destruction, taking or acquisition.
The city shall have no power to acquire, take or condemn lands under this subchapter unless maps and plans covering the work contemplated by this subchapter shall have been submitted to and approved by the New York state department of environmental conservation or any of its predecessors. All amendments or modification of such maps and plans thereafter made shall be in like manner submitted to and approved by such department, and when so approved, shall have the same force and effect as the original plans filed therewith.
Subchapter 4: Street Closing Condemnation Procedure
As used in this subchapter unless otherwise expressly stated, or unless the context or subject-matter otherwise requires, the following terms shall mean:
1. "The court", "the supreme court": A special term of the supreme court held in a county within the judicial district in which the real property involved in any proceeding under this subchapter is situated.
2. "Days": Calendar days, exclusive of Sundays and full legal holidays.
3. "Owner": A person having an estate, interest or easement or lien, charge or encumbrance on any real property affected by proceedings under this subchapter.
4. "Street": Includes the surface, subsurface and air space over any street, avenue, road, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk, viaduct and every class of road, square and place, or part thereof, but only such as are public, and does not include marginal street or wharf or state arterial highways except those sections of such state arterial highways enumerated in section 5-432.
5. "Real property": Includes all surface and subsurface structures within closed streets and all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal and equitable, in lands, and every right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.
6. "Capital project proceeding": A condemnation proceeding pursuant to the provisions of this subchapter for capital project purposes, authorized pursuant to chapter nine of the charter.
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