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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.
In any case where any street which has been conveyed or ceded to the city without compensation, shall be discontinued and closed and the person or persons who have made such grant or conveyance, or his, hers or their heirs, devisees, executors or successors, are the owners and have retained title to the property fronting thereon, the board of estimate is authorized, on behalf of the city, to release and convey without compensation or upon such terms as may appear to such board to be just and equitable, to such owner or owners, his, hers or their heirs, devisees, executors or successors, all the right, title and interest which the city may have so acquired in and to the part of such street, in consideration of the release by such owner or owners of any and all claims for damages or compensation for and on account of the discontinuance or closing thereof. In such case no proceeding shall be had to estimate such loss and damage as provided in this subchapter.
Upon the date 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, all easements, in and over the land within such closed street, of every nature whatsoever, whether in favor of the public or in favor of the owners of the real property abutting thereon, shall become and be extinguished and destroyed, and ever after such date, such former street shall cease to be or remain for any purpose whatever, a street. In all cases where the city, at the time of such closing, shall acquire the fee title to the whole or any part of the land within such closed street, the city shall acquire and become and be vested with the fee title thereto, simultaneously with the closing thereof.
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