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 5-333. Discontinuance of proceedings by the mayor
Latest version.
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The mayor may effect a discontinuance of any proceeding as to the whole or a part of the lands to be acquired in such proceeding, at any time before title to the real property to be thereby acquired shall have vested in the city, and may cause new proceedings to be taken for the condemnation of such real property. In case of such discontinuance, however, the city shall adhere to the provisions of section seven hundred two of the eminent domain procedure law and the reasonable actual cash disbursements, necessarily incurred and made in good faith by any party interested, shall be paid by the city, after the same shall have been taxed by a justice of the supreme court, upon ten days' notice of such taxation being previously given to the corporation counsel, provided the application to have such disbursements taxed shall be made and presented to the court within one year after the action of the mayor. For the purposes of this section, the fair and reasonable value of the services of an attorney retained by any interested party to represent such party's interests in said condemnation proceedings, whether on a contingent fee basis or otherwise, if such retainer be made in good faith, shall be deemed to be an actual cash disbursement, necessarily incurred by such interested party and shall be taxable in the same manner as other disbursements. The amounts taxed as disbursements shall be due and payable thirty days after written demand for payment thereof shall have been filed with the comptroller.