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New York New York City Administrative Code(new) - Subchap. 3 - § 5-367 Tentative Decree

Legal Research Home > New York Laws > New York New York City Administrative Code(new) (ADC) > New York New York City Administrative Code(new) - Subchap. 3 - § 5-367 Tentative Decree

 
    §  5-367  Tentative decree. a. The tentative decree of the court shall
  generally contain, in addition to one  or  more  maps  involved  in  the
  proceedings, the following:
    1.  A brief description of the several parcels of real estate taken or
  affected, with a reference to  the  map  as  showing  the  location  and
  boundaries of each parcel.
    2.  A  statement of the sum estimated and determined upon by the court
  as a just compensation to be made by  the  city  to  the  owners  of  or
  persons entitled to or interested in each parcel so taken or affected.
    3.  A  statement  of  the  names  of  respective  owners of or persons
  entitled thereto or interested therein. In all cases  where  the  owners
  and  parties  interested,  or  their respective estates or interests are
  unknown, or not fully known to the court, it shall be sufficient for the
  court to set forth and state, in general terms, the respective  sums  to
  be allowed and paid to the owners thereof and parties interested therein
  generally,  without specifying the names or estates or interests of such
  owners or parties interested or any or either of them. The  court  shall
  also recommend such sums as shall seem to the court proper to be allowed
  to  the  parties  or  attorneys  appearing  before  the court, as costs,
  counsel  fees,  expenses   and   disbursements,   including   reasonable
  compensation for witnesses as provided in sections seven hundred one and
  seven hundred two of the eminent domain procedure law.
    b.  The  court,  in its discretion, may take up any specified claim or
  claims, and finally ascertain and determine the compensation to be  made
  thereon, and make a separate finding with reference thereto, annexing to
  such  finding  a  copy  of so much of the maps as displays the parcel or
  parcels  so  reported  on.  Such  finding,  as  to  the  claims  therein
  specified,  shall  be  the  finding required in this subchapter, and the
  subsequent action with reference thereto shall be had in the same manner
  as though no other claim was embraced in the proceeding, which, however,
  shall continue as to all claims upon which  no  such  determination  and
  finding shall have been made.
    c.  The tentative decree, shall be filed in the office of the clerk of
  the county in which the real estate shall be situated.

Last modified: February 18, 2012