Section 5-388. Report of commissioners; compensation for loss to railroad or electric corporation or owner of water power; expenses  


Latest version.
  • 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.