Section 5-367. Tentative decree  


Latest version.
  • a. The tentative decree of the court shall
      generally contain, in addition to one  or  more  maps  involved  in  the
      proceedings, the following:
        1.  A brief description of the several parcels of real estate taken or
      affected, with a reference to  the  map  as  showing  the  location  and
      boundaries of each parcel.
        2.  A  statement of the sum estimated and determined upon by the court
      as a just compensation to be made by  the  city  to  the  owners  of  or
      persons entitled to or interested in each parcel so taken or affected.
        3.  A  statement  of  the  names  of  respective  owners of or persons
      entitled thereto or interested therein. In all cases  where  the  owners
      and  parties  interested,  or  their respective estates or interests are
      unknown, or not fully known to the court, it shall be sufficient for the
      court to set forth and state, in general terms, the respective  sums  to
      be allowed and paid to the owners thereof and parties interested therein
      generally,  without specifying the names or estates or interests of such
      owners or parties interested or any or either of them. The  court  shall
      also recommend such sums as shall seem to the court proper to be allowed
      to  the  parties  or  attorneys  appearing  before  the court, as costs,
      counsel  fees,  expenses   and   disbursements,   including   reasonable
      compensation for witnesses as provided in sections seven hundred one and
      seven hundred two of the eminent domain procedure law.
        b.  The  court,  in its discretion, may take up any specified claim or
      claims, and finally ascertain and determine the compensation to be  made
      thereon, and make a separate finding with reference thereto, annexing to
      such  finding  a  copy  of so much of the maps as displays the parcel or
      parcels  so  reported  on.  Such  finding,  as  to  the  claims  therein
      specified,  shall  be  the  finding required in this subchapter, and the
      subsequent action with reference thereto shall be had in the same manner
      as though no other claim was embraced in the proceeding, which, however,
      shall continue as to all claims upon which  no  such  determination  and
      finding shall have been made.
        c.  The tentative decree, shall be filed in the office of the clerk of
      the county in which the real estate shall be situated.