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 4. STREET CLOSING CONDEMNATION PROCEDURE |
Section 5-433. Resolution authorizing the closing or discontinuance of a street; contents of
Latest version.
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Whenever the closing or discontinuance of a street has been authorized as a capital project, the resolution of the board of estimate, providing for the institution of proceedings for the closing or discontinuance of such street, shall: 1. Specify and describe by courses and distances the part or section of such street which it is proposed to discontinue and close and the date upon which such street shall become and be closed, which date shall not be prior to the date upon which the map, showing the street or such part thereof proposed to be closed, shall be filed as provided in section 5-435 of this subchapter, nor subsequent to the date of the entry of the final decree of the court. 1-a. In the case of the closing or discontinuance of the subsurface of a street, in whole or in part, specify if public utility facilities within the subsurface of such street shall be maintained in place or relocated within or without such subsurface so that the maintenance in place or proposed relocation of such facilities is consistent with the proposed use of the closed portion of such subsurface and the requirements of other facilities located therein. 2. State whether the effectual closing of such street, or other public necessity, requires the acquisition of the fee title to the whole or any portion of the land within the street to be closed, and in case it shall state that such acquisition is necessary, shall further request the mayor to provide for such acquisition simultaneously with the closing of such street, and shall specify and describe the part of the lands within the closed street, fee title to which should be acquired. 3. Adopt three similar maps or plans, prepared by the agency requesting such closing and acquisition, showing the street discontinued and closed, the nature and extent of such discontinuance and closing and the location of the immediately adjacent or intersecting open or established public streets of the city, sufficient for the identification and location thereof. 4. Authorize and direct the corporation counsel to make application to the supreme court to have such court without a jury ascertain and determine the compensation which justly should be made to the respective owners of the real property affected, damaged, extinguished or destroyed by such closing.