Section 3-320. Action to recover damages


Latest version.
  • a. No action shall be commenced to
      recover damages under section 3-318 until  at  least  thirty  days  have
      elapsed  since  the  demands, claim or claims, upon which such action is
      founded, were presented  to  the  comptroller  for  adjustment  and  the
      comptroller  has  neglected  or refused to make an adjustment or payment
      thereof. An allegation to that effect shall be made in  a  complaint  or
      other  pleadings  in such an action. An action under section 3-318 shall
      be commenced within one year and ninety days  after  the  grading  shall
      have been completed.
        b. Whenever any such award or compensation shall be paid to any person
      not  entitled  thereto,  it  shall be lawful for the person to whom such
      award or compensation should have been paid to sue for and recover  such
      award  or  compensation with interest and costs as so much money had and
      received to his or her use by the person or persons  to  whom  the  same
      shall  have  been so paid. In the following cases it shall be lawful for
      the city to pay an award to the commissioner of finance, to be  secured,
      disposed of and invested as the supreme court shall direct when
        1. the owners, parties or persons entitled thereto are
        (a) under a legal disability, or
        (b) absent from the city or
        2. the owners, parties or persons entitled thereto
        (a) cannot be found after diligent search, or
        (b)  are  involved  in  a  dispute  as  to their title to receive such
      awards.
        Such payment shall be as valid and effectual in  all  respects  as  if
      made to the owner or other person entitled thereto.