US Laws, Codes, Statutes & Cases

 
    §  3-317 Awards for grading of streets; definition of terms. When used
  in this  section  and  the  two  following  sections,  unless  otherwise
  expressly stated:
    1.  The  term  "owner"  shall  mean only such parties or persons whose
  property abuts the street, the grade of which has  been  established  or
  changed.
    2.  The  term  "lessee"  shall mean only such parties or persons whose
  lease does not expire  in  less  than  three  years  from  the  date  of
  completion and acceptance of the grading by the appropriate city agency.
    3.  The  term  "comptroller" shall mean the comptroller of the city of
  New York.
    4. The term "special grade" shall mean only the following case: When a
  street has been graded to a grade which in the opinion of the  board  of
  estimate,  has  been  occasioned by an improvement other than the normal
  and usual street improvement, the board of estimate, in its  discretion,
  may  issue  a  certificate  to  that effect, within sixty days after the
  grading shall have been completed and accepted by the  appropriate  city
  agency  in  charge of the work. Such certificate shall be transmitted to
  the comptroller, together with a plan and profile of the portion of  the
  street  affected by such special grade. Upon such plan and profile there
  shall be shown the level which, in the opinion of the board of estimate,
  constitutes a normal grade for the street,  and  the  special  grade  to
  which  the street has been graded. The comptroller, upon receipt of such
  certificate together with the accompanying plan and  profile,  shall  be
  authorized  and  empowered  to  determine  the  damage to each owner and
  lessee thereof.
    5. The term "street"  includes  street,  avenue,  road,  alley,  land,
  highway,  boulevard,  concourse,  parkway,  driveway, culvert, sidewalk,
  cross-walk, boardwalk and viaduct,  and  every  class  of  public  road,
  square and place, except marginal streets.
    6. The term "real property" includes all lands and improvements, lands
  under  water,  water  front  property,  the  water  of any lake, pond or
  stream, all easements and hereditaments, corporeal or  incorporeal,  and
  every estate, interest and right, legal or equitable, in lands or water,
  and  right,  interest, privilege, easement and franchise relating to the
  same, including terms for years and liens by way of  judgment,  mortgage
  or otherwise.