Section 5-347. Vesting of title; seizin; possession  


Latest version.
  • a. In a proceeding in
      which additional real property shall be acquired, the mayor shall direct
      that on the date of entry of  the  order  granting  the  application  to
      acquire  by  the  supreme court the title to the whole but not less than
      the whole of such  additional  real  property  to  be  acquired  in  the
      proceeding  shall  vest  in  the  city. Such order shall also direct the
      vesting in such city, simultaneously, of the title to all  of  the  real
      property  being  acquired  in  the  proceeding for the improvement. In a
      proceeding  involving  the  acquisition  of  title  to  additional  real
      property  required  for  a street, highway or public place, however, the
      mayor shall not be required to vest, at one time, the title to  all  the
      additional real property to be acquired, provided that:
        1.  In  vesting  title to parts of such additional real property every
      such part shall be of at least a block length along the improvement, and
      no fractional portion of a block shall be contained in  any  such  part,
      and
        2. The mayor shall also direct that all the real property required for
      the  street,  highway or public place in such block or blocks shall vest
      in the city simultaneously.
        b. Upon the date of the entry of the order granting the application to
      acquire, the city shall be and become seized in fee simple  absolute  to
      such  additional  real  property.  The  reversal  on appeal of the final
      decree, or of any part thereof, shall not operate to divest the city  of
      title  to any of the real property so acquired. In a proceeding in which
      excess lands shall be acquired, the mayor shall not have power to direct
      the vesting of title in the city to the real property required  for  the
      improvement  without  also  directing  the vesting of title in the city,
      simultaneously, to the excess lands being acquired in the proceeding  in
      connection  with  the  improvement, except that the mayor may direct, in
      the manner provided in subdivision a of this section, that title to  the
      real  property required for a street, highway or public place shall vest
      in the city in any  block  of  such  street,  highway  or  public  place
      abutting which no excess lands are taken.
        c.  In  any  proceeding  in which excess lands shall be acquired, when
      title to any part less than the whole of the real property required  for
      the  street,  highway  or public place in any one block thereof, between
      legally existing public streets, shall vest in the city,  title  to  the
      remainder  of  the  real  property  required  for the street, highway or
      public place in the same block and title to the additional lands  to  be
      acquired  in  the  proceeding  abutting on the street, highway or public
      place in the same block, shall vest  in  the  city  simultaneously.  The
      reversal  on  appeal  of  the  final decree of the court, or of any part
      thereof, shall not operate to divest the city of title  to  any  of  the
      real property so acquired for the street, highway or public place in the
      same block or to the additional lands abutting thereon.
        d. Upon the vesting of title, as in this section provided, to any such
      additional lands and to lands required for the improvement, the city, or
      any  person  acting under its authority, may immediately, or at any time
      thereafter, take possession of the additional lands so vested and of the
      real property required for the improvement so vested,  or  any  part  or
      parts  thereof,  in accordance with the provisions of the eminent domain
      procedure law pertaining to possession.