Section 5-454. Final decree; preparation, contents and filing of  


Latest version.
  • a. After
      considering the  objections,  if  any,  and  making  any  correction  or
      alteration  in  the tentative decree as to any award or as to any matter
      in the tentative decree which the court shall consider just and  proper,
      the  justice  trying  the  proceeding  shall  give  instructions  to the
      corporation counsel as to the preparation  of  the  final  decree.  Such
      decree shall consist of the tentative decree, and shall have:
        1.  The  final  awards for damages due to the closing as determined by
      the court set opposite the respective damage parcel numbers in a  column
      headed  "final  awards  for  closing damages" in the tabular abstract of
      awards.
        2. The final awards for damages due to  the  acquisition  of  the  fee
      title  in  the land within the closed street set opposite the respective
      parcels of the closed street in the column headed "final awards for land
      in closed street" in the tabular abstract of awards.
        3. The value of the city's interest in the land within the  respective
      parcels  of  the  closed  street  in  a  column  headed "value of city's
      interest in respective parcels of closed street."
        b. Such final decree shall contain a statement:
        1.  Of  the  facts  conferring  on  the  court  jurisdiction  of   the
      proceeding.
        2. Of such other matters as the court shall require to be set forth.
        3.  That the amounts set opposite the respective damage parcel numbers
      in the column headed "final awards for closing damages" in  the  tabular
      abstract  of  awards  constitute and are the just compensation which the
      respective owners are entitled to receive  from  the  city  for  damages
      caused by the closing of the street.
        4.  That the amounts set opposite the respective parcels of the closed
      street in the column headed "final awards for land in closed street"  in
      the tabular abstract of awards, constitute and are the just compensation
      which  the  respective  owners are entitled to receive from the city for
      damages caused by the acquisition by the city of the fee  title  to  the
      land within the closed street.
        5.  That the amounts set opposite the respective parcels of the closed
      street in the column headed "value of city's interest in the  respective
      parcels  of  the  closed street" in such tabular abstract constitute the
      sums of money to be paid to the city for  a  conveyance  of  the  city's
      interest therein by the parties entitled to a conveyance thereof.
        c. Such final decree shall also set forth:
        1.  The  several  parcels damaged by the closing of the street and the
      several parcels of the closed street and the several parcels outside  of
      the  closed  street,  by reference to the numbers of such parcels on the
      respective maps, survey,  diagrams,  or  plans  attached  thereto,  duly
      corrected, when necessary, and it shall not be necessary to describe any
      parcels by a description by metes and bounds.
        2.  The  names of the respective owners of the several parcels damaged
      by the closing of such street, as  far  as  the  same  shall  have  been
      ascertained,  provided that in all cases where the owners are unknown or
      not fully known to the court, it shall be sufficient to  set  forth  and
      state  in  general terms in the decree the respective sums to be allowed
      and paid to or by the owners of  the  respective  parcels  for  loss  or
      damage,  without  specifying  their  names or their estates or interests
      therein, and in such cases the owners may be specified as unknown.
        d. The final decree, together with all of the  affidavits  and  proofs
      upon  which the same is based, shall be filed in the office of the clerk
      of each county in which the closed street and the real property  damaged
      by  the closing thereof or any part of either may be situated. The final
      decree, unless set aside or reversed  on  appeal,  shall  be  final  and
    
      conclusive as well upon the city as upon the owners of the real property
      mentioned therein, and also upon all other persons whomsoever.