Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 5. BUDGET; CAPITAL PROJECTS |
Chapter 3. CONDEMNATION PROCEDURES |
Subchapter 1. CONSOLIDATED CONDEMNATION PROCEDURE |
Section 5-322. Filing of final decree as to damage where objections and the filing of a tentative decree are waived
Latest version.
-
a. Notwithstanding any other provision of this subchapter, in any case where the owner of any real property affected by any proceeding under this subchapter or the owner's attorney and the corporation counsel enter into an agreement in writing whereby it is agreed that with respect to the award of damages in relation to such property, the filing of a tentative decree, the giving of notice to file objections and the filing and hearing of objections are waived, the filing of a tentative decree, the giving of such notice and the hearing of objections in relation to such award shall not be required. b. In a capital project proceeding, the court may make a separate and partial final decree or decrees determining the final awards to any owners of real property affected by the proceeding who have entered into such waiver agreements or in whose behalf such agreements have been made by their attorneys, or where such agreements have been so entered into by or in behalf of all owners of real property affected by such proceeding, the court may make a final decree determining the final awards to such owners. In accordance with the procedure regularly governing where the provisions of subdivision a of this section are not applicable, the court may make such separate and partial tentative or final or other decrees as may be appropriate for the determination of awards to owners of real property affected by the proceeding who have not entered into such agreements and in whose behalf such agreements have not been made by their attorneys. c. 1. Any separate and partial final decree or final decree determining final awards to owners of real property by whom or in whose behalf such waiver agreements have been so entered into shall be prepared by the corporation counsel in accordance with the instructions of the justice trying the proceeding, and shall set forth the following: (a) such awards, as determined by the court, set opposite the respective damage parcel numbers; (b) the facts conferring jurisdiction over the proceeding upon the court and such other matters as the court shall require to be included; (c) a statement that the amounts set opposite the respective damage parcel numbers constitute and are just compensation which the respective owners are entitled to receive from the city; and (d) the names of the respective owners of the several parcels acquired, as far as the same shall have been ascertained, but in all cases where the owners are unknown or not fully known to the court, it shall be sufficient to set forth and state in general terms in the decree the respective sums to be allowed and paid to the owners of the respective parcels for loss and damage, without specifying their names or their estates or interests therein, and in such case the owners may be specified as unknown. 2. If any such decree is the first separate and partial final decree or final decree filed in such proceeding, there shall be attached thereto the surveys, diagrams, maps or plans referred to in subdivision a of section 5-315 of this subchapter, duly corrected, when necessary. Any such decree referred to in this subdivision shall set forth the several parcels taken by reference to the numbers of such parcels on the respective surveys, diagrams, maps, or plans, and it shall not be necessary to describe any parcels acquired by metes and bounds.