Section 68. Moneys of persons under disability; moneys paid to wrong persons  


Latest version.
  • Whenever the owner or any person interested  in  any  property
      taken  or affected in such proceedings or in whose favor any such sum or
      compensation shall be determined by the final decree  of  the  court  is
      under  legal  disability  or absent from such city, and when the name of
      the owner or person interested in the property shall not be set forth or
      mentioned in the final decree, or when the owner or  person  interested,
      although  named in the decree, cannot upon diligent inquiry be found, or
      where there are adverse or conflicting claims to the  money  awarded  as
      compensation,  the  city  shall pay such award into court to be secured,
      disposed of, invested and paid out as the court shall direct,  and  such
      payment  shall  be  as valid and effectual in all respects as if made to
      the person entitled thereto. And in default of such payment into  court,
      the  city shall be and remain liable for such award with lawful interest
      thereon from the date of the entry of the order granting the application
      to condemn. Where an award shall  be  paid  to  a  person  not  entitled
      thereto,  the  person to whom it ought to have been paid may sue for and
      recover the same, with lawful interest and costs of  suit,  as  so  much
      money  had  and received to his use by the person to whom the same shall
      have been so paid. Payment of an award to the person named in the  final
      decree  of the court as the owner thereof or person entitled thereto, if
      not under legal disability, in the absence of notice in writing  to  the
      comptroller of adverse claims thereto, shall protect the city.