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 3-A. WATER SUPPLY |
Section 5-388. Report of commissioners; compensation for loss to railroad or electric corporation or owner of water power; expenses
Latest version.
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a. The commissioners of appraisal shall prepare a report, and such copies thereof as may be required. Such report or reports shall contain a brief description of the several parcels of real estate so acquired, taken or affected, with a reference to the map or maps as showing the exact location and boundaries of each parcel; a statement of the sum estimated and determined upon by them as a just and equitable compensation to be made by the city to the owners or persons entitled to or interested in each parcel so taken, or as to which any right, title, interest, privilege or easement is taken, acquired or extinguished; and a statement of the respective owners or persons entitled thereto, or interested therein. In every case where the owners and parties interested, or their respective estates or interests are unknown, or not fully known to the commissioners of appraisal, it shall be sufficient for them to set forth and state in general terms the respective sums to be allowed and paid to the owners of, and parties interested therein generally, without specifying the name of estates or interests of such owners, or parties interested, or any or either of them. b. Where loss, damage or expense, direct or consequential, has resulted to any duly incorporated railroad corporation, operating a steam railroad in any county in which land shall be acquired in pursuance of the provisions of this subchapter, or by reason of any of the matters in this subchapter involved, or any electric corporation, or the owner of any water power on any of the streams or waters affected by the provisions of this subchapter, the board of estimate is hereby authorized and empowered to agree with such railroad corporation, or any such electric corporation, or the owner of any such water power, upon the compensation which shall be made to it for such loss, damage or expense. In the event of no agreement being reached between such board and such railroad corporation, or any such electric corporation, or the owner of any such water power, the commissioners of appraisal appointed to estimate damages for lands acquired in such county are hereby authorized and directed to pass upon such claim and to make awards therefor as provided in this subchapter. c. Subject to review by the court as hereinafter provided, the commissioners may also recommend such sums, if any, as shall seem to them proper to be allowed, to parties appearing in the proceeding, as expenses and disbursements including reasonable compensation for witnesses and what sums, if any, ought to be paid to the general or special guardian of an infant, idiot, or person of unsound mind, or to an attorney appointed by the court to attend to the interests of any known owner or party in interest who has not appeared in the proceedings for expenses or counsel fees.