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a. The costs or charges of any agency of the city, or others, which shall be required by law to be taxed, shall not be paid or allowed for any service performed under this subchapter, unless the same shall be taxed by the court. A bill of such costs, charges and expenses shall be filed in the office of the clerk of the court in the county in which the land is situated at least ten days before the same shall be presented for taxation, and there shall be annexed thereto a statement of the amounts, if any, previously taxed, to whom the same were payable and the date of such taxation. A notice shall be published in the City Record, for ten days, of the time and place of taxing such costs, charges and expenses, which shall be thereupon taxed by a justice of the supreme court, or by a referee under his or her special order.
b. All such costs and expenses or disbursements shall be stated in detail in the bill of costs, charges and expenses, and shall be accompanied by such proof of the reasonableness and necessity thereof as is now required by law and the practice of the court upon taxation of costs and disbursements in other special proceedings or actions in such court.
a. All damages awarded by the court, and all costs and expenses which may be taxed in the proceeding, shall be paid by the city to the respective persons mentioned or referred to in the final decree of the court or in whose favor such costs and expenses shall be taxed. In a capital project proceeding, such costs and expenses shall be deemed part of the cost of the acquisition of land or permanent rights in land and may be financed in the same manner as the acquisition of land or permanent rights in land.
b. Whenever the amount of damages awarded in any final decree, together with the costs which shall have been taxed in the proceeding, shall exceed the balance remaining in the fund, from which such amounts are payable, after deducting all outstanding claims against such balance, the court, upon proper application of an owner or other person entitled to such excess, shall require the city to issue and sell serial bonds the proceeds of which shall be paid into such fund to meet such deficiency.
c. In default of payment, in a capital project proceeding, the owners, or other persons entitled to be paid, may at any time after application first made to the comptroller therefor, sue for and recover the amount due, with lawful interest and the costs of suit.
d. Except when any sum or sums of money shall in the final decree be made to "unknown owners", the supreme court, upon the application of the city or of any person entitled to or claiming to be interested in the lands, tenements or hereditaments for which such awards have been made, or any part thereof, shall either direct the same to be retained by the comptroller, or to be paid into the supreme court until the title thereto or the respective interests and estates of all parties therein shall be determined by the court. Upon such application the court may take the proofs and testimony of the claimant or claimants or parties interested in the lands for which the awards have been made or refer the matter to a referee for such purpose.
a. Whenever the owner, in whose favor any awards shall be made, shall be a minor or incompetent or absent from the city, and also in all cases where the name of the owner shall not be set forth or mentioned in the final decree, or where such owner, being named therein, cannot be found, or where there are adverse or conflicting claims to the money awarded as compensation, it shall be lawful for the comptroller to pay such awards made in the final decree into the supreme court, to be invested, secured, disposed of and paid out as such court shall direct. Such payment shall be as valid and effectual in all respects as if made to such owners according to their just rights, if they had been known and had all been present, of full age and competent.
b. In all cases, however, where any such award, which shall be made in the final decree in favor of any person whether named or not named in the final decree of the court, shall be paid to any person or persons whomsoever, when the same shall of right belong, and ought to have been paid to some other person or persons, it shall be lawful for the person or persons, to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suit, from the person or persons, to whom the same shall have been paid, as so much money had and received to the use of the plaintiff or plaintiffs, by the person or persons, respectively, to whom the same shall have been so paid, and the final decree of the court, with proof of payment, shall be conclusive evidence of such payment in such suit.
The provisions of section 5-329 of this subchapter shall be construed to have application to and to be incorporated into this subchapter.