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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.
a. Upon the filing of the tentative decree, the corporation counsel shall give notice, by advertisement to be published for fifteen days in the City Record, of the filing of such tentative decree, and that the city and all other parties to such proceeding or in any way interested in the real property affected thereby, having any objections thereto, shall file such objections, in writing, duly verified in the manner required by law for the verification of pleadings in an action, and setting forth the real property owned by the objector and his or her post office address, with such clerk within twenty days after the first publication of such notice, and that the corporation counsel, on a date specified in the notice, will apply to the justice who made the tentative decree to fix a time when the justice will hear the parties so objecting. Similar notice for at least ten days shall be given of the filing of any new, supplemental or amended tentative decree and for the filing of objections thereto. Every party so objecting or such party's attorney shall, within the same time, serve on the corporation counsel a copy of such verified objections.
b. Upon such application, the justice shall fix the time when he or she will hear the parties so objecting and desiring to be heard. At the time fixed, the justice shall hear the person or persons who have objected to the tentative decree or to the new, supplemental or amended tentative decree, and who may then and there appear, and shall have the power to adjourn, from time to time, until all parties who have filed objections and who desire to be heard shall have been fully heard.
c. After the filing of the tentative decree or of any new, or supplemental, or amended tentative decree, no award for damages shall be diminished without notice to the owner of the real property affected or the owner's attorney appearing in the proceeding, and an opportunity given for a hearing in regard thereto, before the signing of the final decree.
The court shall have power at any time to correct any pleading or any defect or informality, in any special proceeding authorized by this subchapter, that may be necessary, or to amend any description, or cause other real property to be included therein or real property included therein to be excluded therefrom, or to permit any person having an interest therein to be made a party thereto, or to relieve from any default, mistake, or irregularity or to direct such further notice to be given to any party in interest as it shall deem proper.
a. After considering the objections, if any, and making any correction or alteration in the tentative decree as to any award or as to any matter in the tentative decree which the court shall consider just and proper, the justice trying the proceeding shall give instructions to the corporation counsel as to the preparation of the final decree. Such decree shall consist of the tentative decree, and shall have:
1. The final awards for damages due to the closing as determined by the court set opposite the respective damage parcel numbers in a column headed "final awards for closing damages" in the tabular abstract of awards.
2. The final awards for damages due to the acquisition of the fee title in the land within the closed street set opposite the respective parcels of the closed street in the column headed "final awards for land in closed street" in the tabular abstract of awards.
3. The value of the city's interest in the land within the respective parcels of the closed street in a column headed "value of city's interest in respective parcels of closed street."
b. Such final decree shall contain a statement:
1. Of the facts conferring on the court jurisdiction of the proceeding.
2. Of such other matters as the court shall require to be set forth.
3. That the amounts set opposite the respective damage parcel numbers in the column headed "final awards for closing damages" in the tabular abstract of awards constitute and are the just compensation which the respective owners are entitled to receive from the city for damages caused by the closing of the street.
4. That the amounts set opposite the respective parcels of the closed street in the column headed "final awards for land in closed street" in the tabular abstract of awards, constitute and are the just compensation which the respective owners are entitled to receive from the city for damages caused by the acquisition by the city of the fee title to the land within the closed street.
5. That the amounts set opposite the respective parcels of the closed street in the column headed "value of city's interest in the respective parcels of the closed street" in such tabular abstract constitute the sums of money to be paid to the city for a conveyance of the city's interest therein by the parties entitled to a conveyance thereof.
c. Such final decree shall also set forth:
1. The several parcels damaged by the closing of the street and the several parcels of the closed street and the several parcels outside of the closed street, by reference to the numbers of such parcels on the respective maps, survey, diagrams, or plans attached thereto, duly corrected, when necessary, and it shall not be necessary to describe any parcels by a description by metes and bounds.
2. The names of the respective owners of the several parcels damaged by the closing of such street, as far as the same shall have been ascertained, provided that in all cases where the owners are unknown or not fully known to the court, it shall be sufficient to set forth and state in general terms in the decree the respective sums to be allowed and paid to or by the owners of the respective parcels for loss or damage, without specifying their names or their estates or interests therein, and in such cases the owners may be specified as unknown.
d. The final decree, together with all of the affidavits and proofs upon which the same is based, shall be filed in the office of the clerk of each county in which the closed street and the real property damaged by the closing thereof or any part of either may be situated. The final decree, unless set aside or reversed on appeal, shall be final and conclusive as well upon the city as upon the owners of the real property mentioned therein, and also upon all other persons whomsoever.
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