2006 New York Code - Tentative Decree; Objections Thereto.



 
    §  65. Tentative decree; objections thereto.  The court, after hearing
  such testimony and considering such proofs  as  may  be  offered,  shall
  ascertain and estimate the compensation which ought justly to be made by
  the  city  to  the  respective  owners  of  or persons interested in the
  property  so  acquired  or  extinguished  by  such  proceeding  for  the
  improvement  and  shall  instruct  the  corporation counsel to prepare a
  transcript of its estimate of damage. Such transcript of estimate  shall
  be  accompanied by the third set of maps or plans and memoranda referred
  to in section fifty-four of this chapter  and  therein  denominated  the
  third set, or a copy thereof, and shall refer to the numbers thereon and
  shall  state  the  several  sums respectively estimated for each of such
  parcels with the names of the owners or persons  interested  therein  as
  far  as ascertained, together with all of the affidavits and proofs upon
  which the same are based. Such transcript shall be signed by the justice
  trying the proceeding and filed with the clerk of the  county  in  which
  the  property  affected  by the proceeding is situated and when so filed
  shall constitute the tentative decree of the court. Upon the  filing  of
  the  tentative  decree,  the  corporation  counsel  shall give notice by
  publication twice  a  week  for  two  weeks  in  two  public  newspapers
  published  in  such city of the filing of such tentative decree and that
  the city and any person whose rights may be affected thereby and who may
  object thereto, or any part thereof, may, on  or  before  a  day  to  be
  specified in such notice subsequent to the last publication thereof, set
  forth  his  objections  thereto  in writing, duly verified in the manner
  required by law for the verifiation of pleadings in an  action,  setting
  forth  the  property  owned by the objector and his post-office address,
  and file the same with such clerk. The notice shall also state that  the
  corporation  counsel  on  the  date  specified therein will apply to the
  justice who made the tentative decree to fix a time when  he  will  hear
  the  parties  so  objecting.  Every party so objecting, or his attorney,
  within the same time, shall serve on the corporation counsel a  copy  of
  such  verified  objections.  Upon such application the justice shall fix
  the time when he will hear the parties so objecting and desiring  to  be
  heard.  At  the time so fixed the justice shall hear each person who has
  objected to the tentative decree and who may then and there  appear  and
  shall  have the power to adjourn from time to time until all persons who
  have filed objections and desire to be heard shall be fully heard.

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