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 2. EXCESS LANDS ACQUISITION PROCEDURE |
Section 5-348. Ascertainment of damages where part of parcel is taken for an improvement and remainder as excess lands
Latest version.
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a. Where part of a parcel of real property shall be acquired for an improvement, and the remainder or a portion of the remainder of such parcel in the same ownership shall be acquired in the same proceeding as excess lands, the portion of the damages due to the acquisition of the real property required for the improvement shall be determined and stated separately from the entire damage due to each such owner. In determining the damages due to the acquisition of so much of such parcel as may be required for the improvement, the same rule shall be applied as would govern the determination of damages for the taking of the real property required for the improvement in case no excess lands were acquired. Where part of a parcel of real property shall be acquired for the improvement, and the remainder or a portion of the remainder thereof in the same ownership shall be acquired in the same proceeding as excess lands, the damages due to the acquisition of title to the real property required for the improvement, shall, in every case, equal the amount which would be awarded to such owner in case only that part of his or her real property, which shall be required for the improvement, were acquired. b. Nothing in this section contained shall be construed to authorize the award to an owner, part of whose real property is taken for the improvement, and the remainder or a portion of the remainder of whose property is taken as additional lands, any greater amount of compensation than such owner shall be entiled to by reason of the taking of his or her real property for the improvement and as additional lands, considered together as one parcel.