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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.
a. The city may authorize the closing or discontinuance of the surface, subsurface or air space over such streets therein, in whole or in part, upon the determination that (1) such closing or discontinuance will further the health, safety, pedestrian or vehicular circulation, housing, economic development or general welfare of the city and (2) in the case of a partial closing or discontinuance of the subsurface or air space over such streets, will not substantially interfere with pedestrian or vehicular use of such streets. In connection with the closing or discontinuance of the subsurface or air space over such streets, the city may authorize the closing or discontinuance of so much of such streets, in whole or in part, for easements and such other rights as may be necessary or desirable in order to effect the construction and support of any improvements in the closed or discontinued air space over or the subsurface of such streets. Any such closing or discontinuance shall be effected as a capital project. In connection with any such closing or discontinuance, the city may acquire any right, title or interest in the closed or discontinued streets or the closed or discontinued portions thereof, including the surface or subsurface of or the air space over such streets as a capital project, whenever it may deem that such acquisition will more effectually secure the actual discontinuance and closing of streets, in whole or in part, which may be legally discontinued and closed pursuant to this subchapter. The provisions of this subchapter which refer to land or lands within or lying within a closed or discontinued street or within a street to be closed or discontinued shall be deemed to refer to the surface and subsurface of and air space over such street or any part of the surface or subsurface of or air space over such street. The provisions of this subchapter which refer to fee title shall be deemed to refer to any right, title or interest acquired or to be acquired by the city.
b. Compensation and recompense shall be made to the respective owners of the real property affected or damaged by reason of any such closing and to the respective owners of the fee title to the land within the closed street for the damages caused by the taking by the city of such fee title.
c. Notwithstanding the provisions of any general, special or local law, the provisions of chapter one of title four and subchapter four of chapter three of this title shall be applicable to the following sections of the state arterial highway system located within the city of New York provided that with regard to such sections all requirements imposed by federal and state law shall be complied with, including requirements relating to the construction and support of improvements in such sections: Franklin D. Roosevelt drive from and including the Brooklyn Battery crossing to the easterly prolongation of the northerly line of Robert F. Wagner, Senior place.
d. Where the whole or a part of the subsurface of a street has been closed or discontinued pursuant to this section, public utility facilities in such subsurface or part thereof may be maintained in place, or, if the proposed use of such subsurface requires the relocation of utility facilities, the owner of such facilities may relocate such facilities elsewhere within or without such subsurface, provided, however, that any maintenance in place or relocation of such facilities shall be authorized by the city pursuant to subdivision one-a of section 5-433 of this subchapter. Nothing in this section, however, shall be deemed to create any liability arising from the cost of public utility facility relocation not recognized at common law or otherwise created by statute.
Whenever the closing or discontinuance of a street has been authorized as a capital project, the resolution of the board of estimate, providing for the institution of proceedings for the closing or discontinuance of such street, shall:
1. Specify and describe by courses and distances the part or section of such street which it is proposed to discontinue and close and the date upon which such street shall become and be closed, which date shall not be prior to the date upon which the map, showing the street or such part thereof proposed to be closed, shall be filed as provided in section 5-435 of this subchapter, nor subsequent to the date of the entry of the final decree of the court.
1-a. In the case of the closing or discontinuance of the subsurface of a street, in whole or in part, specify if public utility facilities within the subsurface of such street shall be maintained in place or relocated within or without such subsurface so that the maintenance in place or proposed relocation of such facilities is consistent with the proposed use of the closed portion of such subsurface and the requirements of other facilities located therein.
2. State whether the effectual closing of such street, or other public necessity, requires the acquisition of the fee title to the whole or any portion of the land within the street to be closed, and in case it shall state that such acquisition is necessary, shall further request the mayor to provide for such acquisition simultaneously with the closing of such street, and shall specify and describe the part of the lands within the closed street, fee title to which should be acquired.
3. Adopt three similar maps or plans, prepared by the agency requesting such closing and acquisition, showing the street discontinued and closed, the nature and extent of such discontinuance and closing and the location of the immediately adjacent or intersecting open or established public streets of the city, sufficient for the identification and location thereof.
4. Authorize and direct the corporation counsel to make application to the supreme court to have such court without a jury ascertain and determine the compensation which justly should be made to the respective owners of the real property affected, damaged, extinguished or destroyed by such closing.
Whenever the closing or discontinuance of a street requires the acquisition of the fee title to the whole or any portion of the land within the street to be closed, the order of the mayor directing such acquisition shall:
1. Approve three maps, prepared by the agency requesting the street closing and acquisition, showing the land in such closed street the fee title to which is to be acquired.
2. Authorize and direct the corporation counsel to make application to the supreme court to have such court without a jury ascertain and determine the compensation which ought justly be made to the respective owners of the fee title to the land within such closed street.
3. Specify the date upon which the city shall acquire fee title which date shall be the same as that specified in the resolution of the board of estimate as the date upon which the street proposed to be discontinued or closed, shall become and be closed.
a. When the maps described in subdivision three of section 5433 of this subchapter shall have been adopted, as therein provided, such maps shall be certified in the manner provided by law for the certification of similar maps adopted by the board of estimate. One of the maps so certified shall be filed by the agency requesting the discontinuance or closing, and shall remain of record in its office. The second map so certified shall be filed by such agency in the office of the corporation counsel. The third map shall be filed by such agency, and remain of record in the office in which instruments affecting real property in the county in which the closed street may be situated are required to be recorded. Such map shall be final and conclusive upon the city and upon all persons whomsoever.
b. When the maps described in subdivision one of section 5-434 of this subchapter shall have been approved and certified, such maps shall be filed by the agency requesting the acquisition in the same offices specified in subdivision a of this section.
c. Street closing and acquisition maps required to be filed in the office in which instruments affecting real property in the county in which the street to be closed and acquired may be situated shall be filed on the same date.
At any time after the date of the filing of such street closing and acquisition maps, 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 an order to show cause, the court, in its discretion, may make an order directing that such proceedings should 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.
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