Section 5-327. Damages; when, how and to whom paid  


Latest version.
  • a. All damages awarded by
      the  court,  with  interest  thereon  from  the  date  title to the real
      property acquired shall have vested in the city and all  costs,  charges
      and  expenses which may have been taxed shall be paid by the city to the
      respective owners mentioned or referred to in the final decree or to the
      persons in whose favor such costs, charges and expenses were  taxed,  as
      hereinafter provided.
        b.  In  a capital project proceeding, payment shall be made within two
      calendar months after the entry of the final decree. In default of  such
      payment,  the  owners  or  other  persons  entitled  to  be  paid in the
      proceeding  may  at  any  time  after  application  first  made  to  the
      comptroller  therefor,  sue  for and recover the amount due, with lawful
      interest, and the costs of  such  suit.  Upon  the  application  to  the
      comptroller  for  payment,  the applicant may state that any outstanding
      taxes, assessments or other  liens  may  be  deducted  from  the  amount
      otherwise   payable,  and  in  that  event,  the  fact  that  there  are
      outstanding taxes, assessments  or  other  liens  shall  not  impair  or
      invalidate  such  application  nor operate as a bar to the collection of
      interest upon the amount awarded less the  amount  of  such  outstanding
      taxes, assessments or other liens.
        c.  Payment  of  an award to a person named in the final decree as the
      owner thereof, if not under legal disability, shall in  the  absence  of
      notice  in writing to the comptroller of adverse claims thereto, protect
      the city.
        d. Where an award shall be paid to a person not entitled thereto,  the
      person  to  whom it ought to have been paid may sue for and recover such
      award, with lawful interest and costs of suit, as so much money had  and
      received  to  his  or  her use by the person to whom the same shall have
      been paid.
        e. 1. When an owner in whose favor an award shall have been made in  a
      final  decree,  shall be under legal disability or absent from the city,
      and when the name of the owner shall not be set forth  or  mentioned  in
      the  final  decree  or  when  the  owner, although named in such decree,
      cannot, upon diligent inquiry, be found, or where there are  adverse  or
      conflicting  claims to the money awarded as compensation, the city shall
      pay such award into the supreme  court,  to  be  secured,  disposed  of,
      invested  or paid out as such court shall direct, and such payment shall
      be as valid and effectual in all respects as if made  to  the  owner  or
      other person entitled thereto.
        2. In default of such payment into court, the city shall be and remain
      liable  for  such award, with lawful interest thereon from the date upon
      which title to the real property for which said award was made vested in
      the city, in a capital project proceeding.