Section 56. Application to condemn property  


Latest version.
  • After such maps shall have
      been  filed  in  the  office  of  the  register  or  county  clerk,  the
      corporation  counsel,  for  and on behalf of the city, shall, and he may
      from time to time, upon first giving  the  notice  required  by  section
      fifty-five  of  this  chapter, apply to the supreme court at any special
      term thereof, to be held in the judicial district in which  such  county
      is situated, to have the compensation which should justly be made to the
      respective  owners  of or persons interested in the property proposed to
      be taken or extinguished by such proceedings ascertained and  determined
      by  such  court  without  a  jury.  Upon  each such application he shall
      present to the court a petition, signed by a majority of the members  of
      the board of transportation and verified in the manner prescribed by law
      for  the  verification  of  pleadings, according to the practice of such
      court, setting forth the action or determination  theretofore  taken  or
      had  by  such board with respect to the property to be acquired, and the
      filing of such maps or plans and memoranda, and stating  the  amount  or
      valuation  at  which each parcel of the property to be acquired has been
      assessed for purposes of taxation on the tax-rolls of the city for  each
      of  the three years preceding the date of the petition, and praying that
      the compensation which should justly be made to the respective owners of
      or  persons  interested  in  the  property  proposed  to  be  taken   or
      extinguished  by  such  proceeding be ascertained and determined by such
      court without a jury. Such petition shall contain a general  description
      of  all  the  property  to,  or  in  or over or appurtenant to which any
      property right is sought to be acquired, or extinguished, and  of  every
      property  right  sought  to be acquired by the city for public purposes,
      each lot or parcel being more particularly described by a  reference  to
      the number of such lot or parcel as given on such maps, and the property
      right  sought  to  be  acquired,  or  extinguished,  to or in or over or
      appurtenant to each of such lots or parcels, shall  be  stated  in  such
      petition.