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In all cases where any part of any lot or parcel of land or other premises, under lease or other contract, shall be contiguous to any street after the closing thereof, all the covenants, contracts and agreements between landlord and tenant or any other contracting parties, touching the same or any part thereof, shall, upon the date of the closing thereof, respectively cease and determine and be absolutely discharged.
Whenever the maps shall have been filed pursuant to section 5-435 of this subchapter, the corporation counsel shall institute a proceeding to ascertain and determine the compensation which justly should be made to the respective owners of the real property affected or damaged by the closing of the street and to the respective owners of the fee title to the land in such closed street, the acquisition of which may be provided for in the order of the mayor. Such corporation counsel shall cause a notice of the application to the supreme court to have such court, without a jury, ascertain and determine such compensation, to be published in the City Record for ten days prior to the making of such application, and shall state the time and place when and where such application shall be made. Such notice shall specify and describe the closed street by means of the description contained in the resolution which provided for the closing thereof. It shall also specify what portion, if any, of the land in the closed street the acquisition of fee title to which is provided for in such order.
Upon the day stated in such notice, or upon such further day to which the court may for good cause adjourn such application, the corporation counsel shall present a petition, signed by him or her on behalf of the city:
1. Setting forth briefly the proceedings had in relation to such discontinuance or closing.
2. Showing the nature and extent thereof.
3. Indicating the real property affected thereby, and to what portion, if any, of the land within the closed street the city has acquired or is authorized to acquire the fee title, by reference to the maps which shall have been filed as provided in section 5-435 of this subchapter. A copy of each map shall be attached to the petition.
4. Praying that the compensation which justly should be made to the respective owners of the real property affected or damaged by reason of such closing and also, in a proper case, the compensation which justly should be made to the respective owners of the fee title to the land within the closed street, acquired or to be acquired in the proceeding, be ascertained and determined by the supreme court without a jury.
Upon due proof to its satisfaction of the publication of the required notice and upon the filing of the required petition, the court shall enter an order granting the application, which order shall be filed in the office of the clerk of each county in which the closed street and the property affected or damaged by the closing thereof or any part of either may be situated.
a. Thereupon the corporation counsel shall file in the office of the clerk of each county in which the closed street and the real property affected or damaged by the closing thereof or any part of either may be situated, a survey or map showing such real property subdivided into parcels corresponding with the separate ownerships of the land within the closed street acquired by the city and of the real property affected or damaged by the closing thereof, as nearly as the same has been ascertained.
b. The corporation counsel shall also cause to be published in the City Record a notice containing:
1. The same description of the closed street which was contained in the resolution closing the same and a general description of the real property affected or damaged by the closing of such street, and the land in the closed street acquired or to be acquired in such proceeding by the city.
2. A statement that the survey or map thereof has been filed and requiring that all claimants, on or before a date therein specified, shall file with the clerk of each county in which such closed street and the real property affected or damaged by the closing or taking thereof, or any part of either, may be situated, a written claim or demand, duly verified, in the manner provided by law for the verification of pleadings in an action, setting forth the real property owned by the claimant, and the claimant's post office address.
c. The claimant or his or her attorney, within the same time, shall serve on the corporation counsel a copy of such verified claim.
a. The proof of title to real property for which damages caused by the closing of the street are claimed, and proof of title to real property taken or damaged by reason of the acquisition by the city of the fee title to the land within the closed street, in all cases where the title thereto is undisputed, together with proof of liens, encumbrances or burdens thereon, shall be submitted by the claimant to the corporation counsel, or to such assistant as the corporation counsel shall designate. The corporation counsel shall serve upon all parties or their attorneys who have served on the corporation counsel a copy of their verified claims, a notice of the time and place at which he or she will receive such proof of title. In all cases where the title of a claimant is disputed, it shall be the duty of the court to determine the ownership of such real property, or the right to damages thereto, upon the proof submitted to the court during the trial of the proceeding.
b. The court shall also have power to determine all questions of title and right to damages, incident to the trial of the proceeding.
After all parties who have filed verified claims have proved their title, or have failed to do so after being notified by the corporation counsel of the time and place when and where such proof of title would be received by the corporation counsel, such corporation counsel shall serve upon all parties or their attorneys who have appeared in the proceeding, a note of issue thereof and shall file the same with the clerk of the court of the county in which the trial is to be had. The trial shall be had in such county within the judicial district in which the real property affected by the proceeding is situated as the corporation counsel in the note of issue shall designate. Such note of issue shall be served at least ten days before, and shall be filed at least eight days before the date for which the proceeding is noticed for trial. The note of issue shall briefly state:
1. The title of the proceeding.
2. The date and entry of the order granting the application to have the compensation for damages caused by the closing ascertained and determined.
3. The names and addresses of the parties who have filed claims, and the names and addresses of their respective attorneys.
4. A brief statement as to the extent of the street which has been closed and discontinued and the part thereof to be acquired by the city. The clerk of the court must thereupon enter the proceeding upon the proper calendar, according to the date of the entry of the order granting such application. When the note of issue has been served and filed, the proceeding must remain on the calendar until finally disposed of.
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