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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.
The court, after hearing such testimony and considering such proofs as may be offered, shall ascertain and estimate the compensation which ought justly to be made by the city to the respective owners of the real property affected and damaged by any street closing, and shall also ascertain and determine the compensation to be made to the respective owners of the fee title to the land within the closed street for damages sustained by reason of the acquisition by the city of the fee title thereto. The court shall also ascertain and estimate the value of the city's interest in the respective parcels of the closed street.
a. It shall be the duty of the corporation counsel to furnish to the court in the proceeding to discontinue and close any street and to acquire title thereto, such necessary clerks and other employees, and to provide such suitable offices as they may require to enable them to fully and satisfactorily discharge the duties imposed upon the court by this subchapter.
b. The board of estimate may require any agency of the city to furnish any surveys or maps required in connection with the closing of any street.
Where a street has been closed pursuant to the provisions of this subchapter, and the compensation to be made for the damages caused by the closing thereof is to be ascertained and determined by the supreme court without a jury, and the city is not the owner of the fee title to the land within such closed street and the effectual closing of such street or part thereof, or other public necessity, requires that such city should acquire the fee title to the whole or part of the land within the closed street, the city shall be authorized to acquire the fee title thereto for the purposes provided by this subchapter. Such acquisition may be authorized before or after the institution of a proceeding to have the supreme court without a jury ascertain and determine the compensation to be made for the damages caused by the closing of such street, but the order of the mayor instituting the proceeding for the acquisition shall be approved prior to the filing of the tentative decree in any street closing proceeding. The mayor, in issuing such order, shall comply with the provisions of section 5-434 of this subchapter. Such order shall authorize and direct the corporation counsel to apply to the supreme court in the proper judicial district to have such court without a jury ascertain and determine the compensation which justly should be made to the respective owners of the fee title to the land within the closed street for the damages sustained by such owners on account of the acquisition by the city of the fee title thereto. Such order shall specify the date upon which the fee title to the land within the closed street shall become and be vested in the city, in accordance with the provisions of subdivision three of section 5-434, which date shall not be prior to the entry of the order authorizing the court to ascertain and determine the compensation to be made therefor nor subsequent to the entry of the final decree of the court in such proceeding. Upon the date so fixed, the fee title to the land within the closed street shall become and be vested in the city. Upon the issuance of such order the corporation counsel shall give notice by publication for ten days in the City Record that he or she will apply to the supreme court, stating the time and place when and where such application will be made, to have such court without a jury ascertain and determine the compensation which justly should be made to the respective owners of the fee title to the land within the closed street. Upon such application the corporation counsel shall present to the court a petition signed and verified by him or her, setting forth the action had by the mayor, and indicating the land within the closed street, the fee title to which is to be acquired by the city, by a precise description with courses and distances, having reference to the city map, an extract from which shall be attached, and praying that the compensation to be made therefor shall be ascertained and determined by such court without a jury. At the time and place specified in such notice, unless the court shall adjourn such application to a subsequent day, and, in that event, at the time and place to which the same may be adjourned, upon due proof to its satisfaction of the publication of such notice and upon the filing of such petition, the court shall enter an order granting the application, which order shall be filed in the office of the clerk of the county in which the closed street is situated. Awards for damages, due to the acquisition of the fee title to the land within the closed street, shall be made as provided in any proceeding instituted pursuant to this subchapter.
a. It shall also be lawful for the board of estimate, with respect to a street closing, and the mayor, with respect to acquisition, either before of after the institution of a proceeding under this subchapter, to agree with the owners of the real property that will be affected by such closing, for and about the cession to the city of other real property included within the boundaries of any established street shown on the city map, in lieu of the real property comprised within the lines of the closed street, or to agree for and about the compensation to be made to such owners for the same or for and about the value of real property to be ceded in lieu of such discontinued or closed portion or portions of such street.
b. In case of any such agreement or agreements with part only of the owners entitled to and interested in the same real property so affected, for the purpose of making any such discontinuance or closing, or cession in lieu of such closing, the same shall be valid and binding upon the parties thereto, and the court shall nevertheless enter upon and make or proceed with its estimate, and tentative and final decrees as to the residue of such real property affected by the closing, concerning which the owners thereof shall not agree.
c. The final decree of the court shall be of like force and effect in regard to the matters comprised therein, as if no such agreement as to the part of the premises had been made.
a. The court shall instruct the corporation counsel to prepare tabular abstracts of its estimated damage due to the closing, and of the damage due to the acquisition by the city of fee title to the land within the closed street and of the value of the city's interest in the respective parcels of the closed street. The tabular abstract of estimated damage due to the closing of the street shall set forth:
1. The amount of loss and damage to each and every parcel of real property affected by the proceeding.
2. The name of the respective owners of each and every parcel of real property affected thereby, as far as the same shall be ascertained.
3. A sufficient designation or description of the respective lots or parcels of real property damaged by the closing of the street or by the acquisition of the fee title to the lands in the closed street, by reference to numbers of the respective parcels indicated upon the surveys, diagrams, maps or plans which shall be attached to such tabular abstracts.
b. The court shall appraise and determine and separately set forth and state in the tabular abstract, the value of the right, title and interest of the city in and to the fee of the land within the closed street.
c. Such tabular abstracts shall be signed by the justice trying the proceedings and filed with the clerk of each county in which the closed street and the real property abutting thereon or any part of either may be situated and when so filed shall constitute the tentative decree of the court as to awards for damages and as to the value of the city's interest in the respective parcels of land within the closed street.
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