§ 50. Acquisition of property. a. For the purpose of constructing or operating any road for the construction or operation of which a contract shall have been made by the board of transportation or any of its predecessors, or for the purpose of constructing or operating any part of any railroad or portion thereof relocated […]
§ 51. Right of board of transportation to enter upon property. It shall and may be lawful for the board of transportation, and for all persons acting under its authority, to enter in the day time into and upon any and all property which it shall deem necessary to be acquired, or to which there […]
§ 52. Maps and plans to be filed. The board of transportation shall cause three similar maps or plans to be made of each parcel of property which it may deem necessary so to be acquired, or to which there may be appurtenant property rights necessary so to be acquired or extinguished, designating each of […]
§ 53. Corporation counsel to acquire property. a. Whenever and as often as the board of transportation shall deem it to be necessary and proper that the city should acquire any such property and shall have caused such maps or plans and memoranda specifying and defining the property to be acquired, or to which are […]
§ 54. Disposition of maps. The corporation counsel shall cause one of the maps or plans, so transmitted to him, to be filed in the office of the register of the county, or if there be no such register, then in the office of the county clerk of the county in which the property covered […]
§ 55. Notice of intention to condemn property. The corporation counsel shall give or cause to be given notice by publication in two public newspapers published in the city, of his intention to make application to the such court that the compensation which should justly be made to the respective owners of or persons interested […]
§ 56. Application to condemn property. After such maps shall have been filed in the office of the register or county clerk, the corporation counsel, for and on behalf of the city, shall, and he may from time to time, upon first giving the notice required by section fifty-five of this chapter, apply to the […]
§ 57. Procedure in case property is situated in two or more counties. If the property to be acquired or extinguished in any proceeding be situated in two or more counties, the maps or plans and memoranda required to be filed by section fifty-four of this chapter shall be so filed in the respective offices […]
§ 58. Order granting application to condemn. At the time and place mentioned in such notice, unless the court shall adjourn such application to a subsequent date, and in that event at the time to which it may be adjourned, the court, upon due proof to its satisfaction of the publication aforesaid and upon filing […]
§ 59. Examination before trial. A proceeding by the board of transportation to acquire title to property or any right therein for the purposes of this chapter by condemnation shall be deemed a special proceeding, in which testimony may be taken by deposition pursuant to the provisions of the civil practice law and rules and […]
§ 60. Trial; evidence of value. a. Upon the trial, evidence of the price and other terms upon any sale, or of the rent reserved and other terms upon any lease, relating to any of the property taken or to be taken or to any other property in the vicinity thereof shall be relevant, material […]
§ 61. Order to expedite proceeding. At any time after the date of entry of the order granting the application to condemn the corporation counsel or any owner may apply to the court for an order directing any owner or the corporation counsel, as the case may be, to show cause why further proceedings under […]
§ 62. Time when city becomes seized. Upon the date of the entry of the order granting the application to condemn, the city shall be and become seized and possessed in fee or absolute ownership of all those parcels of property and property rights which are in the maps or plans and memoranda referred to […]
§ 63. Partial payment of awards. In any proceeding instituted pursuant to the provisions of this chapter for the acquisition of title to property by the city, in which title thereto shall have become vested in the city by virtue of the entry of an order in compliance with section sixty-two of this chapter, the […]
§ 64. Payment of liens and encumbrances. Whenever a person would be entitled to the payment of any advance under section sixty-three of this chapter and there shall exist mortgages or other prior liens on such property, the holder of any such prior lien may apply to the city for payment of his mortgage or […]
§ 65. Tentative decree; objections thereto. 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 or persons interested in the property so acquired or extinguished by such proceeding for the […]
§ 66. Final decree. After considering the objections, if any, and making any corrections or alterations in the tentative decree which the court shall consider just and proper, it shall give instructions to the corporation counsel as to the preparation of the final decree, which shall consist of the tentative decree altered and corrected in […]
§ 67. Payment of awards and expenses. Within four calendar months after the date of the filing of the final decree of the court, the city shall pay to the parties entitled thereto the respective sums of money determined in their favor as set forth in the final decree, with legal interest thereon from the […]
§ 68. Moneys of persons under disability; moneys paid to wrong persons. Whenever the owner or any person interested in any property taken or affected in such proceedings or in whose favor any such sum or compensation shall be determined by the final decree of the court is under legal disability or absent from such […]
§ 69. Cost of acquiring property. The moneys necessary and sufficient to be paid for any property acquired in any manner under the provisions of this chapter, together with all expenses necessarily incurred in surveying, locating and acquiring title to such property, and for preparing the necessary maps and plans in connection therewith, shall be […]
