Section 5-351
§ 5-351 Definitions. As used in this subchapter unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following terms shall mean and include:
1. "Real Estate": All uplands, lands under water, the water of any
lake, pond or stream, all water rights or privileges, and any and all
easements and hereditaments, corporeal or incorporeal, and every estate,
interest and right, legal and equitable, in lands or water, or any
privilege or easement, thereunder, including terms for years, including
all real estate heretofore or hereafter acquired or used for railroad,
highway or other public purposes, and liens thereon by way of judgment,
mortgage or otherwise, and also all claims for damage to such real
estate.
2. "Commissioner": The commissioner of the department of environmental
protection.
Section 5-352
§ 5-352 Construction. a. The provisions of this subchapter shall apply
to the acquisition by the city of real estate outside the city for the
purposes of water supply.
b. The provisions of section 5-329 of the code shall be construed to
apply to this subchapter.
c. Nothing in this subchapter contained shall be deemed to repeal the
provisions of chapter nine hundred forty-two of the laws of eighteen
hundred ninety-six except where said chapter may be inconsistent with
the provisions of the eminent domain procedure law.
Section 5-353
§ 5-353 Authority to acquire real estate outside the state of New
York. The city is authorized to acquire by purchase, lease, or
otherwise, lands or water in any other state, or rights, interests, or
privileges in, to or over any lands or water in any other state for the
purpose of supplying water to the city.
Section 5-354
§ 5-354 Acquisition of real estate. In all cases where the
commissioner shall hereafter enter upon, acquire, take or use, or shall
deem it necessary to enter upon, acquire, take or use, any real estate,
for the purpose of maintaining, preserving or increasing the supply of
pure and wholesome water for the use of the city, or for the purpose of
preventing the contamination or pollution of the same, the commissioner
is authorized in behalf, and in the name of the city of New York,
pursuant to the provisions of this subchapter, and pursuant to the
provisions of the eminent domain procedure law, to acquire all rights,
titles and interests in and to such real estate, by whomsoever the same
may be held, enjoyed or claimed, and to pay for and extinguish all
claims or damages on account of such rights, titles or interests, or
growing out of such taking or using.
Section 5-355
§ 5-355 Condemnation proceedings. a. It shall be lawful for the city
to acquire by condemnation any real estate or any interest therein that
may be necessary in order to acquire the sole and exclusive property in
the source or sources of water supply, which may be needed for the
supply of the public waterworks of the city, and to wholly extinguish
the water rights of any person or corporation therein, with the right to
lay, relay, repair and maintain aqueducts, conduits and water pipes with
the connections and fixtures on the lands of others, and, if necessary,
to acquire by condemnation lands for such purpose in any county or
counties through which it may be necessary to pass in conducting such
waters to the city. The city shall have the right to intercept and to
direct the flow of water from lands of riparian owners, and from persons
owning or interested in any water, and the right to prevent the flow or
drainage of noxious or impure matters from the lands of others into its
reservoirs or sources of supply.
b. The city, however, shall not have power to acquire or to extinguish
the property rights of any person or corporation in or to any water
rights that at the time of the initiation of proceedings for
condemnation are in actual use for the supply of the waterworks of the
people of any other city, town or village of the state, or for the
supply and distribution of waters to the people thereof, or which in the
opinion of the court on such proceedings may reasonably become necessary
for such supply, or to take or use the water from any of the canals of
the state, any canal reservoirs, or waters used exclusively as feeders
for canals, or from any of the streams acquired by the state for
supplying the canals with water.
c. The city shall not acquire by condemnation any property or factory
in Putnam county which has been used for twenty-five years for the
manufacture of food products; nor acquire by condemnation any lands,
easements, streams or water, or water rights, on the east branch of the
Croton river, below the village of Brewster in the town of Southeast,
Putnam county, for the construction of any reservoir, in which water
will or may be impounded at a higher level than three hundred and ten
feet above tide water at the city.
Section 5-356
§ 5-356 Acquisition of real estate used for railroad, highway or other
public purpose. a. The persons or corporations owning real estate,
heretofore or hereafter acquired or used for railroad, highway or other
public purpose, or claiming interest therein shall be allowed the
perpetual use, for such purposes, of the same or of such other real
estate to be acquired for the purposes of this title as will afford a
practicable route or location for such railroad, highway or other public
purpose, and in the case of a railroad, commensurate with and adapted to
its needs.
b. Such persons or corporations shall not directly or indirectly, be
subject to expense, loss or damage by reason of changing such route or
location, but such expense, loss or damage shall be borne by the city.
c. In case such real estate shall be taken or affected for the
purposes of this subchapter, there shall be designated upon the maps
referred to in this subchapter, and there shall be described in the
petition referred to, such portion of the other real estate shown, on
such maps and described in such petition, as it shall be proposed to
substitute in place of the real estate then used for such railroad,
highway or other public purposes. The supreme court, at the special term
to which the petition is presented, or at such other special term as the
consideration thereof may be noticed for, or adjourned to, shall either
approve the substituted route or place, or refer the same back to the
commissioner for alteration or amendment. The court may refer the same
back with such directions, or suggestions as it may deem advisable, and
as often as necessary, and until the commissioner shall determine such
substituted route or place as may be approved by such court. An appeal
from any order made by the court at special term, under the provisions
of this section may be taken by any person or corporation interested in
and aggrieved thereby, to the appellate division of the judicial
department in which the real estate is situated, and shall be heard as a
non-enumerated motion.
d. A justice of the supreme court before whom the proceedings are
brought, in determining the compensation to be made to the persons or
corporations owning such real estate, or claiming interest therein,
shall include in the amount of such compensation such sum as shall be
sufficient to defray the expenses of making such change of route and
location and of building such railroad or highway. The court, subject to
review by the appellate division, shall determine what reasonable time
after payment of the awards to the persons or corporations entitled
thereto shall be sufficient within which to complete the work of making
such change. The city or the commissioner shall not be entitled to take
possession or interfere with the use of such real estate, for such
purposes, before the expiration of such time. That time may subsequently
be extended by the court (subject to such review), upon sufficient cause
shown. After the expiration of the time so determined or extended, no
use shall be made of such real estate which shall cause pollution of the
water in any reservoir, or interfere with its flow.
Section 5-357
§ 5-357 Maps; preparation and filing of. a. Whenever, in the opinion
of the commissioner, it shall be necessary to acquire any real estate
for any of the purposes of this subchapter, or for the purpose of
extinguishing any right, title or interest thereto or therein, such
commissioner, for and on behalf of the city shall prepare a map or maps
of the real estate which in his or her opinion it is necessary to
acquire for such purposes, and shall submit the same to the mayor for
approval. The mayor may adopt, modify or reject such maps in whole or in
part, and may require others to be made instead.
b. A copy of the map or maps so prepared, with a certificate of the
adoption thereof, signed by the commissioner and the mayor, shall be
filed in the office of such commissioner and be open to public
inspection, and shall be the map or maps of the real estate to be
acquired, subject to such changes or modifications as the commissioner
may from time to time deem necessary for the more efficient carrying out
of the provisions of this subchapter.
Section 5-358
§ 5-358 Hearing by the mayor. The mayor, prior to the final adoption
of such map or maps, shall afford to all persons interested a full
opportunity to be heard respecting such map or maps and the acquisition
of the real estate shown thereon, and shall give public notice of such
hearing, by publishing a notice, once in each week, for three successive
weeks in the City Record, and in two papers published in the county or
counties in which the real estate to be acquired or affected is
situated, and in two daily papers in the city. At such hearing or
hearings, testimony may be produced by the parties appearing before it
in such manner as the mayor may determine, and he or she is hereby
authorized to administer oaths and issue subpoenas in any such
proceeding pending before him or her.
Section 5-359
§ 5-359 Entry upon lands to make maps. The commissioner, his or her
agents, engineers, surveyors, and such other persons as may be necessary
to enable him or her to perform his or her duties under this subchapter,
are hereby authorized, pursuant to section four hundred four of the
eminent domain procedure law, to enter upon real estate, and any land or
water on or contiguous to the line, course, site or track of any pond,
lake, stream, reservoir, dam, aqueduct, culverts, sluices, canals,
bridges, tunnels, pumping works, blow-offs, shafts and other
appurtenances for the purpose of making surveys or examinations and
preparing and posting the notices required by this subchapter.
Section 5-360
§ 5-360 Damage maps; preparation and filing of. a. After the final
adoption of such map or maps, the commissioner shall prepare six similar
maps or plans of the proposed site of any dam, reservoir, aqueduct,
sluice, culvert, canal, pumping works, bridges, tunnels, blow-offs,
ventilating shafts, and other necessary appurtenances for the proper
completion of the work so proposed by the commissioner. Upon such maps
there shall be:
1. Laid out and numbered the various parcels of real estate, on, over
or through which the same are to be constructed and maintained, or which
may be necessary for the prosecution of the work authorized by this
subchapter.
2. Delineated the natural and artificial division lines existing on
the surface of the soil at the time of the survey.
3. Plainly indicated thereon, of which parcels the fee or other
interest is to be acquired.
b. Such maps may be made and filed in sections. One or more sections
may be determined before the maps of the whole construction are
completed. The proceedings herein authorized may, in like manner be
taken separately, in reference to one or more of such sections, before
the maps of the whole are filed. The work upon one or more of such
sections may be begun before the maps of the remaining sections are
filed. The map or maps, when adopted by the commissioner and mayor,
shall be by such commissioner transmitted to the corporation counsel,
with a certificate of approval written thereon and signed by the
commissioner and the mayor.
c. The corporation counsel shall cause one of such maps to be filed in
the office of the clerk of each county in which any real estate laid out
on such maps shall be located, except that in any county in which there
may be a register's office, such map shall be filed therein, instead of
with the county clerk. The fourth, fifth and sixth maps shall be
disposed of in the manner indicated in section 5-366 of this subchapter.
Section 5-361
§ 5-361 Agreements with owners of real estate or other persons. a. The
commissioner, subject to the approval of the mayor, may agree with the
owners or persons interested in any real estate laid down on such maps
upon the amount of compensation to be paid to such owners or persons
interested for the taking or using and occupying such real estate. In
case any such real estate shall be owned, occupied or enjoyed by the
people of this state, or by any county, town or school district within
this state, such rights, titles, interests or properties may be paid for
upon agreement respectively with the New York State office of general
services, who shall act for the people of the state, with a chairperson
and a majority in numbers of the board of supervisors of any county, who
shall act for such county, and with the supervisor and commissioners of
highways in any town, who shall act for such town, and with the trustees
of any school district, who shall act for such district, and with the
president and a majority of the board of trustees of any incorporated
village. The New York State office of general services shall have power
to grant to the city any real estate belonging to the people of this
state which may be required for the purposes indicated in this
subchapter, on such terms as may be agreed on between them and such
commissioners. If any real estate of any county, town or school district
is required by the city for the purposes of this subchapter, the
majority of the board of supervisors, acting for such county, or the
supervisors of any such town, with the commissioners of highways
therein, acting for such town, or the trustees of any school district,
acting for such district, or the president and majority of trustees of
any incorporated village, may grant or surrender such real estate for
the compensation agreed upon between such officers respectively and such
commissioners.
b. In case any real estate required by the city for the purpose of
this subchapter shall be vested in any trustee not authorized to sell,
release and convey the same, or in any infant, idiot, or person of
unsound mind, the supreme court shall have power, by a summary
proceeding, on petition, to authorize and empower such trustee or
general guardian or committee of such infant, idiot, or person of
unsound mind, to sell, convey, or surrender the same to the city on such
terms as may be just. In case any such infant, idiot, or person of
unsound mind has no general guardian or committee, the court may appoint
a special guardian or committee for the purpose of making such sale,
surrender, or conveyance, and may require such security from such
general or special guardian or committee as such court may deem proper.
Before any conveyance or release authorized by this subchapter shall be
executed, the terms on which the same shall be executed shall be
reported to the court on oath, and if the court shall be satisfied that
such terms are just to the party interested in such rights, titles,
interests, or properties, the court shall confirm the report and direct
to be executed the proper conveyance or release, which shall have the
same effect as if executed by an owner of such rights, titles, interests
or properties having legal power to sell, surrender, and convey the
same.
c. In case any person owning private property not actually taken or
proposed to be taken, pursuant to the provisions of this subchapter, but
which will in such person's opinion be damaged, the commissioner
representing the city, with the approval of the mayor, may agree with
such person as to the amount of such damages, and if such agreement
cannot be made, such damages, if any, shall be determined in the same
manner provided for ascertaining and determining the value of real
estate taken under such proceedings, and the amount of such damages so
agreed upon or so determined shall be payable and collectible in the
same manner as is provided in the case of awards made in such
proceedings.
Section 5-362
§ 5-362 Institution of proceedings. After such maps shall have been
filed, as provided for in section 5-360 of this subchapter, the
corporation counsel, upon first giving the notice required in section
5-363 of this subchapter, shall apply, pursuant to section four hundred
two of the eminent domain procedure law, to the supreme court, at a
special term thereof to be held in the judicial district in which the
real estate to be acquired or affected is situated, for an order to
acquire such property. Upon such application the corporation counsel
shall in addition to the other requirements of section four hundred two
of the eminent domain procedure law, present to the court a petition,
signed and verified by the commissioner, setting forth the action
theretofore taken by such commissioner and the mayor, and the filing of
such maps. Such petition shall contain a general description of all the
real estate to, in or over which any title, interest, right or easement
is sought to be acquired for the city for the purposes of this
subchapter, each parcel being more particularly described by a reference
to the number of such parcel, as given on such map, and the title,
interest or easement sought to be acquired to, in or over such parcel,
whether a fee or otherwise, shall be stated in the petition.
Section 5-363
§ 5-363 Notice of the proceeding. a. The corporation counsel in
addition to the notice required in section four hundred two of the
eminent domain procedure law shall give notice in the City Record, and
in two public newspapers published in the city. A statement of the
boundaries of the real estate to be acquired or affected, with separate
enumerations of the numbers of the parcels to be taken in fee, and of
the numbers of the parcels in which any interest or easement is to be
acquired, with a reference to the date and place of filing the map or
maps shall be sufficient description of the real estate sought to be so
taken or affected. The notice in the City Record and public newspapers
in the city shall be published and posted in accordance with the
applicable provisions on publication and posting contained in
subdivision (B) of section four hundred two of the eminent domain
procedure law.
b. At the time and place mentioned in such notice, unless the court
shall adjourn such application to a subsequent day, and in that event,
at the time to which the same may be adjourned, the court, upon due
proof to its satisfaction of such publication and posting, and upon
filing the petition, shall make an order which shall not only grant the
petition, but satisfy the other requirements of paragraph five of
subdivision (B) of section four hundred two of the eminent domain
procedure law. After satisfaction of the applicable provisions of the
eminent domain procedure law, the court shall ascertain and appraise the
compensation to be made to the owners and all persons interested in the
real estate laid down on such maps, as proposed to be taken or affected
for the purposes indicated in this subchapter. There shall be submitted
to the same judge, at one time, however, only as many parcels as can
reasonably be passed upon and an award made therefor, by the court,
within the limits of one year from entry of the order granting the
petition.
Section 5-364
§ 5-364 Vesting of title; removal of buildings. a. On entry of the
order and filing of the acquisition map, the city shall be and become
seized in fee of all those parcels of real estate which are shown on the
map hereinbefore referred to made by the commissioner of which it has
been determined by the commissioner that the fee shall be acquired, and
shall be entitled to take and hold such interest in the parcels of land
in which it has been determined that the fee shall not be acquired, as
has been shown on such map and described in the petition. The city may
upon satisfaction of the requirements of the eminent domain procedure
law, take possession of the lands shown on such map, or any part or
parts thereof.
b. The buildings or improvements thereon, however, shall not be
removed or disturbed within one year from the date of the completion of
notice of entry of the order as required by section five hundred two of
the eminent domain procedure law unless ten days' notice is given to the
owner or to the owner's attorney, of the intention to make such removal,
and affording the owner an opportunity to examine the property with a
justice of the court and such witnesses as the owner may desire. If the
owner of the property cannot be found with due diligence, and there is
no attorney representing the property or parcel, before removing,
disturbing or destroying any of the buildings or improvements, the
representatives of the city or the corporation counsel shall cause
measurements to be made of the buildings and photographs to be taken of
the exterior views thereof, which measurements and photographs shall be
at the disposition, thereafter, of the claimant or the claimant's
attorney in case such claimant or attorney shall appear and demand the
same before the claim shall have been tried.
Section 5-365
§ 5-365 Presentation of claims. Every owner or person in any way
interested in any real estate taken, affected or entered upon or used
and occupied for the purposes contemplated by this subchapter, and any
owner or person interested in real estate contiguous thereto, and which
is affected by the acquisition, use or occupation of the real estate
shown on such map, whether such contiguous real estate is shown on the
maps or not, if they intend to make claim for compensation for such
taking, entering upon, using or occupying, shall, within one year after
completion of notice of entry of the order, file a statement of claim,
pursuant to section five hundred three of the eminent domain procedure
law, and shall thereupon be entitled to offer testimony and to be heard
by the court touching such claim and the compensation proper to be made,
and to have a determination made by such court as to the amount of such
compensation. Every person, corporation, or body politic, neglecting or
refusing to present such claim within such time shall be deemed to have
surrendered his, her or its title or interest in such real estate or
his, her or its claim for damages thereto, except so far as they may be
entitled, as such owner or person interested, to the whole or a part of
the sum of money awarded by the court as a just compensation for taking,
using and occupying, or as damages for affecting the real estate owned
by such person, corporation, or body politic.
Section 5-366
§ 5-366 Proceedings before the court. a. It shall be the duty of the
corporation counsel to furnish copies of the maps provided for in this
subchapter to the court. The court shall view the real estate laid down
on such maps, and shall hear the proofs and allegations of any owner,
lessee or other person in any way entitled to, or interested in such
real estate, or any part or parcel thereof, and also such proofs and
allegations as may be offered on behalf of the city.
b. After the testimony is closed, the court shall without unnecessary
delay, ascertain and determine the just compensation which should be
made by the city to the owners, or to the persons interested in the real
estate sought to be acquired or affected by such proceedings.
c. In the ascertainment of the compensation for any property or
property rights so acquired, such compensation shall be based upon the
actual values of the property or the interest acquired therein at the
time of its taking, and there shall not be taken into consideration any
prospective or speculative value, based upon the possible, probable or
actual future use of such property, or property rights, if the same had
not been acquired by the city for public use.
d. The court shall determine:
1. The height to which the waters of any lake, pond, or natural stream
concerning which such proceedings were instituted may be raised and the
point to which such waters may be drawn down by the city, such
determination to be made before any award of damages shall be made on
account of such proposed raising or depression of such waters.
2. The sum to be paid to the general or special guardian or committee
of an infant, idiot or person of unsound mind, and to the attorney
appointed by the court to attend to the interests of any unknown owner
or party in interest, or to the attorney or guardian of any party in
interest whose interests are unknown or the interest of any person or
persons not in being.
Section 5-367
§ 5-367 Tentative decree. a. The tentative decree of the court shall
generally contain, in addition to one or more maps involved in the
proceedings, the following:
1. A brief description of the several parcels of real estate taken or
affected, with a reference to the map as showing the location and
boundaries of each parcel.
2. A statement of the sum estimated and determined upon by the court
as a just compensation to be made by the city to the owners of or
persons entitled to or interested in each parcel so taken or affected.
3. A statement of the names of respective owners of or persons
entitled thereto or interested therein. In all cases where the owners
and parties interested, or their respective estates or interests are
unknown, or not fully known to the court, it shall be sufficient for the
court to set forth and state, in general terms, the respective sums to
be allowed and paid to the owners thereof and parties interested therein
generally, without specifying the names or estates or interests of such
owners or parties interested or any or either of them. The court shall
also recommend such sums as shall seem to the court proper to be allowed
to the parties or attorneys appearing before the court, as costs,
counsel fees, expenses and disbursements, including reasonable
compensation for witnesses as provided in sections seven hundred one and
seven hundred two of the eminent domain procedure law.
b. The court, in its discretion, may take up any specified claim or
claims, and finally ascertain and determine the compensation to be made
thereon, and make a separate finding with reference thereto, annexing to
such finding a copy of so much of the maps as displays the parcel or
parcels so reported on. Such finding, as to the claims therein
specified, shall be the finding required in this subchapter, and the
subsequent action with reference thereto shall be had in the same manner
as though no other claim was embraced in the proceeding, which, however,
shall continue as to all claims upon which no such determination and
finding shall have been made.
c. The tentative decree, shall be filed in the office of the clerk of
the county in which the real estate shall be situated.
Section 5-368
§ 5-368 Tentative decree; notice of motion to confirm; confirmation
thereof. a. The corporation counsel, or in case of his or her neglect to
do so within ten days after receiving notice of the filing of the
tentative decree, any person interested in the proceedings, shall give
notice that such decree will be presented for confirmation to the
supreme court, at a time and place to be specified in such notice. The
notice shall contain a statement of the time and place of the filing of
the decree, and shall be published in each of the newspapers referred to
in section 5-358 of this subchapter, once in each week, for at least
four weeks immediately prior to the presentation of such decree for
confirmation.
b. Upon the hearing of the application for the confirmation thereof,
such court shall confirm such decree in whole or in part after hearing
any objections thereto and amending the same if proof presented
justifies such amendments. As to the whole or any portion of the decree
confirmed, the court shall make an order, containing a recital of the
substance of the proceedings in the matter of the appraisal with a
general description of the real estate appraised, and for which
compensation shall be made. The court shall also direct to whom the
money shall be paid, or in which trust company it shall be deposited by
the comptroller. Such decree when so confirmed, except in the case of an
appeal, as provided in section 5-369 of this subchapter, shall be final
and conclusive as well upon the city as upon the owners and all persons
interested in or entitled to such real estate, and also upon all other
persons whomsoever.
Section 5-369
§ 5-369 Appeals. Within twenty days after the making, entry and
service of the final decree, either party may appeal by notice, in
writing, to the appellate division of the supreme court of the judicial
department in which the real estate described in the petition and shown
on the map is situated. Such appeal shall be heard, on due notice
thereof being given, according to the rules and practice of such court,
and pending such appeal the comptroller shall deposit in such trust
company as the court shall direct, the amount of the award, with
interest to the date of such deposit and the funds so deposited shall
remain with the trust company, subject to the further order of the
court. On the hearing of such appeal the court may direct a new trial by
the supreme court and either party if aggrieved, may take a further
appeal, which shall be heard and determined by the court of appeals. If
the amount of compensation to be made by the city shall be increased at
the second trial, the difference shall be paid by the comptroller to the
parties entitled to the same, or shall be deposited, as the court may
direct; and if the amount shall be diminished, the difference shall be
refunded to the city by the trust company. The taking of an appeal by
any person or persons, however, shall not operate to stay the
proceedings under this subchapter, providing such award and interest
have been deposited.
Section 5-370
§ 5-370 Awards; payment of. The comptroller, within four calendar
months after the making and entry of the final decree, shall pay to the
respective owners and bodies, politic or corporate, mentioned or
referred to in such decree, in whose favor any sum or sums of money
shall be determined, the respective sum or sums so determined in their
favor respectively, with lawful interest thereon, from the date title to
the real property vested. In case of neglect or default in the payment
of the same within such time, the respective person or persons, or
bodies, politic or corporate, in whose favor the same shall be so
determined, his, her or their executors, administrators, legal
representatives or successors, at any time or times, after application
first made by him, her or them to the comptroller, for payment thereof,
may sue for and recover the same, with such lawful interest and the
costs of suit, in any proper form of action against the city in any
court having cognizance thereof, and in which it shall be sufficient to
declare generally for so much money due to the plaintiff or plaintiffs
therein by virtue of this subchapter, for real estate taken or affected
for the purposes herein mentioned. The final decree, with proof of the
right and title of the plaintiff or plaintiffs to the sum or sums
demanded shall be conclusive evidence in such suit or action, and
entitle plaintiff to judgment therein.
Section 5-371
§ 5-371 City protected by payment; recovery from person not entitled
thereto. a. Payment of the compensation awarded in the final decree to
the person or persons, corporation, or body politic named therein, (if
not infants or persons of unsound mind) shall, in the absence of notice
to the city of other claimants to such award, protect the city.
b. Where, however, any such sum or sums, or compensation, determined
in favor of any person or persons, or party or parties, whatsoever,
whether or not named in such report, shall be paid to any person or
persons, or party or parties, when the same shall of right belong and
should have been paid to some other person or persons, or party or
parties, it shall be lawful for the person or persons, or party or
parties to whom the same ought to have been paid, to sue for and recover
the same, with lawful interest and costs of suits, as so much money had
and received to his, her or their use, by the person or persons, party
or parties respectively to whom the same shall have been so paid.
Section 5-372
§ 5-372 Awards; deposit of. Whenever:
1. The owner or owners, person or persons interested in any real
estate taken or affected in the proceedings, or in whose favor any such
sum or sums or compensation shall have been determined, shall be under
the age of twenty-one years, of unsound mind, or absent from the state
of New York, or
2. The name or names of the owner or owners, person or persons
interested in any such real estate shall not be set forth or mentioned
in such final decree, or
3. Such owner or owners, person or persons, being named therein
cannot, upon diligent inquiry, be found or
4. There are adverse or conflicting claims to the money awarded as
compensation.
It shall be lawful for the city to pay the sum or sums determined to
be payable to, or to which such owner or owners, person or persons,
respectively, shall be entitled, with interest, thereon into such trust
company as the court may direct. Such deposit shall be to the credit of
such owner or owners, person or persons, and such payment shall be as
valid and effectual, in all respects, as if made directly to the owner
or owners, person or persons interested therein, respectively, according
to their just rights.
Section 5-373
§ 5-373 How defects may be remedied. The supreme court of the judicial
district in which the real estate is situated shall have power at any
time to correct any defect or informality in any of the special
proceedings authorized by this subchapter as may be necessary, or to
cause other property to be included therein, and to direct such further
notices to be given to any party in interest, as it deems proper. If, in
any particular, it shall, at any time, be found necessary to amend any
pleading or proceeding, or supply any defect therein, arising in the
course of any special proceeding authorized by this subchapter, the same
may be amended or supplied in such manner as shall be directed by the
supreme court, which is hereby authorized to make such amendment or
correction.
Section 5-374
§ 5-374 Acquisition of real estate for sewage disposal in connection
with the city water supply. a. The commissioner shall be authorized and
empowered, subject to the approval of the mayor, by purchase or
condemnation, to acquire, real estate
In or about the village of Brewster,
In or about the town of Carmel,
Within the Croton watershed in the county of Westchester, and
Within the Esopus and Schoharie watersheds in the counties of Ulster,
Delaware, Schoharie and Greene, as may be necessary:
1. To carry into effect any agreed plan for the disposal of the sewage
Of the village of Brewster,
Of one or more villages or sewer districts, in the town of Carmel,
(and for such purpose, to construct, operate and maintain a sewage
disposal plant, equipment and facilities, or the extension and
improvement of existing plants, if any, therein),
Within the Croton watershed in the county of Westchester and
Within the Esopus and Schoharie watersheds in the counties of Ulster,
Delaware, Schoharie and Greene, including any agreed plan for the
collection thereof in such counties.
2. To improve and protect the water supply of the city therein, any
special or general act to the contrary, notwithstanding.
b. The land which shall be required for the purpose of carrying out
any such agreed plan and to protect and improve the water supply of the
city within the enumerated localities, except the town of Carmel, shall
be taken only with the consent and approval of the authorities thereof.
c. If the city shall have been unable to secure such approval of the
municipal authorities of the village or the town board of the town in
which the land to be acquired is located, where such real estate shall
be located within the Esopus and Schoharie watersheds in the counties of
Ulster, Delaware, Schoharie and Greene, and the plans for such operating
systems and plants for the collection and disposal of sewage shall have
been approved by the state department of health, the city acting by or
through its commissioner of environmental protection, notwithstanding
the provisions of any special or general act to the contrary, may
present a petition to the supreme court in the county involved, stating
the proposed location of such operating system or plant for the
collection and disposal of sewage, that the plans therefor have been
approved by the state department of health, that application for the
location thereof in accordance with such plans has been made to the
municipal authorities or town board having jurisdiction thereover and
has been unreasonably denied, or withheld, and such other facts as the
petitioner may deem pertinent, together with a prayer for an order
authorizing the construction of such operating system or sewage disposal
plant in accordance with such plans. Notice of the time and place of
presentation of such petition shall be served on the necessary municipal
authorities or town board having jurisdiction over such applications and
on the state department of health, and posted in such village or town in
at least ten conspicuous public places for a period of ten days prior to
the hearing of such petition. Upon the presentation of such petition,
the presiding justice shall hear the parties to such proceeding and also
such other residents of the sewer district of the village or town as
desire to be heard.
If the justice presiding be satisfied that the municipal authorities
of the village or the town board of the town have unreasonably withheld
the approval of the location of such operating system or sewage disposal
plant, the justice may, by order, grant the petition. Upon the entry of
such order, the city may acquire, by purchase or condemnation, in the
manner provided by law, such real estate, rights of way and easements to
and into such real estate as may be necessary for the proper erection,
construction and operation, of such operating system or sewage disposal
plant, and may construct the same in accordance with the plans approved
by the state department of health.
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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