Section 5-361. Agreements with owners of real estate or other persons  


Latest version.
  • a. The
      commissioner,  subject  to the approval of the mayor, may agree with the
      owners or persons interested in any real estate laid down on  such  maps
      upon  the  amount  of  compensation to be paid to such owners or persons
      interested for the taking or using and occupying such  real  estate.  In
      case  any  such  real  estate shall be owned, occupied or enjoyed by the
      people of this state, or by any county, town or school  district  within
      this state, such rights, titles, interests or properties may be paid for
      upon  agreement  respectively  with the New York State office of general
      services, who shall act for the people of the state, with a  chairperson
      and a majority in numbers of the board of supervisors of any county, who
      shall  act for such county, and with the supervisor and commissioners of
      highways in any town, who shall act for such town, and with the trustees
      of any school district, who shall act for such district,  and  with  the
      president  and  a  majority of the board of trustees of any incorporated
      village. The New York State office of general services shall have  power
      to  grant  to  the  city any real estate belonging to the people of this
      state  which  may  be  required  for  the  purposes  indicated  in  this
      subchapter,  on  such  terms  as  may be agreed on between them and such
      commissioners. If any real estate of any county, town or school district
      is required by the  city  for  the  purposes  of  this  subchapter,  the
      majority  of  the  board  of supervisors, acting for such county, or the
      supervisors of  any  such  town,  with  the  commissioners  of  highways
      therein,  acting  for such town, or the trustees of any school district,
      acting for such district, or the president and majority of  trustees  of
      any  incorporated  village,  may grant or surrender such real estate for
      the compensation agreed upon between such officers respectively and such
      commissioners.
        b. In case any real estate required by the city  for  the  purpose  of
      this  subchapter  shall be vested in any trustee not authorized to sell,
      release and convey the same, or in  any  infant,  idiot,  or  person  of
      unsound  mind,  the  supreme  court  shall  have  power,  by  a  summary
      proceeding, on petition,  to  authorize  and  empower  such  trustee  or
      general  guardian  or  committee  of  such  infant,  idiot, or person of
      unsound mind, to sell, convey, or surrender the same to the city on such
      terms as may be just. In case any  such  infant,  idiot,  or  person  of
      unsound mind has no general guardian or committee, the court may appoint
      a  special  guardian  or  committee for the purpose of making such sale,
      surrender, or conveyance,  and  may  require  such  security  from  such
      general  or special guardian or committee as such court may deem proper.
      Before any conveyance or release authorized by this subchapter shall  be
      executed,  the  terms  on  which  the  same  shall  be executed shall be
      reported to the court on oath, and if the court shall be satisfied  that
      such  terms  are  just  to  the party interested in such rights, titles,
      interests, or properties, the court shall confirm the report and  direct
      to  be  executed  the proper conveyance or release, which shall have the
      same effect as if executed by an owner of such rights, titles, interests
      or properties having legal power to  sell,  surrender,  and  convey  the
      same.
        c.  In  case  any person owning private property not actually taken or
      proposed to be taken, pursuant to the provisions of this subchapter, but
      which will  in  such  person's  opinion  be  damaged,  the  commissioner
      representing  the  city,  with the approval of the mayor, may agree with
      such person as to the amount of such  damages,  and  if  such  agreement
      cannot  be  made,  such damages, if any, shall be determined in the same
      manner provided for ascertaining  and  determining  the  value  of  real
      estate  taken  under such proceedings, and the amount of such damages so
      agreed upon or so determined shall be payable  and  collectible  in  the
    
      same  manner  as  is  provided  in  the  case  of  awards  made  in such
      proceedings.