Section 5-341
§ 5-341 Definitions. As used in this subchapter, unless otherwise
expressly stated, or unless the context or subject matter otherwise
requires, the following terms shall mean:
1. "Improvement": The laying out, widening, extending or relocating a
park, public place, highway or street, or the acquisition of title to
real property required for laying out, widening, extending or relocating
a park, public place, highway or street.
2. "Excess lands", or "additional lands", or "additional real
property": The real property in addition to the real property needed or
required for laying out, widening, extending or relocating a park,
public place, highway or street.
Section 5-342
§ 5-342 Construction. The provisions of this subchapter shall be
construed as supplementing and extending the effect of the provisions of
subchapter one of this chapter so as to provide for the acquisition of
title to additional lands in connection with an improvement and nothing
in this subchapter contained shall be construed as limiting the effect
of the provisions of such subchapter one in their application to the
acquisition of title to real property required for an improvement when
acquired in a proceeding in which additional lands shall or shall not be
acquired, except as the provisions of such subchapter one are in this
subchapter expressly so limited in their application.
Section 5-343
§ 5-343 Power to condemn excess lands. The city, in acquiring real
property for any improvement, may acquire more real property than is
needed for the actual construction of the improvement. The mayor may
authorize the city to acquire additional real property in connection
with any improvement, and direct that the same be acquired with the real
property to be acquired for the improvement. Such additional real
property, however, shall be not more than sufficient to form suitable
building sites abutting on the improvement. The title which the city
shall acquire to additional real property shall in every case be a fee
simple absolute. Additional real property shall be acquired by the city
in connection with a street improvement only when the title acquired for
the improvement shall be in fee. When the mayor shall have authorized
the acquisition of title to additional real property in connection with
an improvement, title to such additional real property shall be acquired
by the city in the manner and according to the procedure, except in such
respects as in this subchapter set forth, provided for the acquisition
of title to the real property required for the improvement and in the
same proceeding in which title to the real property required for the
improvement shall be acquired; except further that such acquisition
shall be made in compliance with the appropriate provisions of the
eminent domain procedure law.
Section 5-344
§ 5-344 Amendment of improvement proceeding to include or exclude
excess lands. After the institution of a proceeding for an improvement,
the mayor may amend the proceeding by authorizing the acquisition of
lands additional to those required for the improvement, provided that
title shall not have vested in the city to any parcel of real property
to be acquired for the improvement within the block, between legally
existing public streets, embracing the additional lands sought to be
acquired. The mayor may also amend any proceeding so as to exclude any
or all additional lands being acquired in the proceeding, provided title
to such additional lands shall not have vested in the city. Thereafter
the proceeding shall be conducted in the same manner as if the
additional lands included or excluded by the amendment had been included
or had not been included in the proceeding at the time of the
institution thereof.
Section 5-345
§ 5-345 Damage maps to be prepared. When the mayor shall authorize the
acquisition of additional real property in connection with any
improvement, the mayor shall cause to be prepared and shall approve a
map showing the real property to be acquired for the improvement and
such additional real property in connection with the real property to be
acquired for the improvement, and such map shall be filed, prior to the
application to condemn the same, as follows: One copy thereof in the
office in which conveyances of real property are required by law to be
recorded in each county in which the real property or any part thereof
shown on such map is situated; one copy thereof in the office of the
corporation counsel; one copy thereof in the office of the president of
each borough in which the real property or any part thereof shown on
such map is situated; and one copy thereof in the office of the mayor.
Section 5-346
§ 5-346 Petition and notice. When the mayor shall have authorized the
acquisition of additional real property in connection with any
improvement, such additional real property shall be separately described
in the notice of application to condemn by the supreme court and in the
petition presented on any such application, and separately shown on the
rule map attached to the petition and on the damage map in the
proceeding, and such notice and petition shall state what part of the
real property to be condemned is required for the improvement, and what
part thereof is to be acquired as additional real property. The
acquisition of such additional real property, when authorized by the
mayor, shall be deemed to be for a public purpose.
Section 5-347
§ 5-347 Vesting of title; seizin; possession. a. In a proceeding in
which additional real property shall be acquired, the mayor shall direct
that on the date of entry of the order granting the application to
acquire by the supreme court the title to the whole but not less than
the whole of such additional real property to be acquired in the
proceeding shall vest in the city. Such order shall also direct the
vesting in such city, simultaneously, of the title to all of the real
property being acquired in the proceeding for the improvement. In a
proceeding involving the acquisition of title to additional real
property required for a street, highway or public place, however, the
mayor shall not be required to vest, at one time, the title to all the
additional real property to be acquired, provided that:
1. In vesting title to parts of such additional real property every
such part shall be of at least a block length along the improvement, and
no fractional portion of a block shall be contained in any such part,
and
2. The mayor shall also direct that all the real property required for
the street, highway or public place in such block or blocks shall vest
in the city simultaneously.
b. Upon the date of the entry of the order granting the application to
acquire, the city shall be and become seized in fee simple absolute to
such additional real property. The reversal on appeal of the final
decree, or of any part thereof, shall not operate to divest the city of
title to any of the real property so acquired. In a proceeding in which
excess lands shall be acquired, the mayor shall not have power to direct
the vesting of title in the city to the real property required for the
improvement without also directing the vesting of title in the city,
simultaneously, to the excess lands being acquired in the proceeding in
connection with the improvement, except that the mayor may direct, in
the manner provided in subdivision a of this section, that title to the
real property required for a street, highway or public place shall vest
in the city in any block of such street, highway or public place
abutting which no excess lands are taken.
c. In any proceeding in which excess lands shall be acquired, when
title to any part less than the whole of the real property required for
the street, highway or public place in any one block thereof, between
legally existing public streets, shall vest in the city, title to the
remainder of the real property required for the street, highway or
public place in the same block and title to the additional lands to be
acquired in the proceeding abutting on the street, highway or public
place in the same block, shall vest in the city simultaneously. The
reversal on appeal of the final decree of the court, or of any part
thereof, shall not operate to divest the city of title to any of the
real property so acquired for the street, highway or public place in the
same block or to the additional lands abutting thereon.
d. Upon the vesting of title, as in this section provided, to any such
additional lands and to lands required for the improvement, the city, or
any person acting under its authority, may immediately, or at any time
thereafter, take possession of the additional lands so vested and of the
real property required for the improvement so vested, or any part or
parts thereof, in accordance with the provisions of the eminent domain
procedure law pertaining to possession.
Section 5-348
§ 5-348 Ascertainment of damages where part of parcel is taken for an
improvement and remainder as excess lands. a. Where part of a parcel of
real property shall be acquired for an improvement, and the remainder or
a portion of the remainder of such parcel in the same ownership shall be
acquired in the same proceeding as excess lands, the portion of the
damages due to the acquisition of the real property required for the
improvement shall be determined and stated separately from the entire
damage due to each such owner. In determining the damages due to the
acquisition of so much of such parcel as may be required for the
improvement, the same rule shall be applied as would govern the
determination of damages for the taking of the real property required
for the improvement in case no excess lands were acquired. Where part of
a parcel of real property shall be acquired for the improvement, and the
remainder or a portion of the remainder thereof in the same ownership
shall be acquired in the same proceeding as excess lands, the damages
due to the acquisition of title to the real property required for the
improvement, shall, in every case, equal the amount which would be
awarded to such owner in case only that part of his or her real
property, which shall be required for the improvement, were acquired.
b. Nothing in this section contained shall be construed to authorize
the award to an owner, part of whose real property is taken for the
improvement, and the remainder or a portion of the remainder of whose
property is taken as additional lands, any greater amount of
compensation than such owner shall be entiled to by reason of the taking
of his or her real property for the improvement and as additional lands,
considered together as one parcel.
Section 5-349
§ 5-349 Payments of awards and interest. The provisions of subchapter
one of this chapter relative to the payment by the comptroller of sums
awarded as damages and interest thereon, and to the advance payment on
account of such damages, and relative to the assignment or pledge of
awards, shall apply to awards or damages for the taking of additional
lands. Interest on the entire amount due to the owner for the real
property acquired for the improvement, or for the excess lands, or for
both, from the date of the vesting of title thereto to the date of the
final decree shall be awarded as a part of such owner's compensation.
Section 5-350
§ 5-350 Sale and lease of acquired excess lands. a. After title to the
real property required for the improvement, and to the additional lands,
shall have vested in the city, the additional lands may be either held
and used by the city, or sold or leased in the manner provided by the
charter as long as consistent with the provisions of section four
hundred six of the eminent domain procedure law. The board of estimate
may provide that such additional lands shall be sold or leased subject
to such restrictions, covenants or conditions as to location of
buildings with reference to the real property acquired for the
improvement, or the height of buildings or structures, or the character
of construction and architecture thereof, or such other covenants,
conditions or restrictions as it may deem proper. Such additional lands
shall be sold or leased subject to such restrictions, covenants or
conditions, if any, as the board of estimate may have prescribed, which
shall be set forth in the instrument of conveyance or lease.
b. Nothing in subdivision b of section three hundred eighty-four of
the charter limiting the term of leases by the city to a different
period shall apply to a lease by the city, acting through the board of
estimate, of such additional real property for housing purposes,
including stores on the street level.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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