Section 5-433. Resolution authorizing the closing or discontinuance of a street; contents of  


Latest version.
  • 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.