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§ 5-301 Definitions. As used in this subchapter unless otherwise
expressly stated, or unless the context or subject matter otherwise
requires, the following terms shall mean:
1. "The court", "the supreme court": A special term of the supreme
court for condemnation proceedings held in the county within the city
and within the judicial district in which real property being acquired
or some part thereof is situated.
2. "Application to condemn": An application to the supreme court to
have the compensation which should justly be made to the respective
owners of the real property proposed to be taken, ascertained and
determined by the court without a jury.
3. "Justice": The justice assigned to hold such court.
4. "Days": Calendar days exclusive of Sundays and full legal holidays.
5. "Owner": A person having an estate, interest or easement in the
real property being acquired or a lien, charge or encumbrance thereon.
6. "Real property": Includes all lands and improvements, lands under
water, waterfront 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.
7. "Street": Includes street, avenue, road, alley, lane, highway,
boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk,
boardwalk and viaduct, and every class of public road, square and place,
except marginal streets and wharves.
8. "Capital project proceeding": A condemnation proceeding pursuant to
the provisions of this chapter for capital project purposes, authorized
pursuant to the charter.