US Laws, Codes, Statutes & Cases

 
    § 5-319 Separate and partial tentative and final decrees. a. The court
  upon  the  authorization  of  the mayor, may make a separate and partial
  tentative decree and a separate and partial final decree  embracing  the
  entire  real  property being acquired therein, or successive sections or
  parcels thereof.
    b. Whenever a separate and  partial  tentative  and  final  decree  or
  decrees  shall have been authorized, the corporation counsel may file in
  the office of the county clerk and in the office  in  which  instruments
  affecting  real  property  are  required to be recorded in the county in
  which the order granting the application to condemn is filed,  a  survey
  or  map showing the part of the real property being acquired as to which
  a separate and partial tentative and final decree has  been  authorized,
  subdivided  into parcels corresponding with separate ownerships thereof,
  as far as ascertained, and the corporation counsel and the  court  shall
  proceed  with  the  ascertainment  and determination of the damages with
  relation to the real property shown on such partial damage  map  in  the
  same  manner  as  provided  for  the  ascertainment and determination of
  damages with relation to  the  entire  real  property  embraced  in  the
  proceeding.
    c.  In  case  a  separate  and  partial  final decree or decrees as to
  damage, including part of  the  real  property  being  acquired  in  the
  proceeding,  shall  have  been made or filed therein and the justice who
  made and filed the separate and partial final decree or  decrees  as  to
  damage   shall   have   died  or  retired  from  the  bench,  or  become
  incapacitated for any reason, the  corporation  counsel  and  the  court
  shall  proceed  with  the ascertainment and determination of damage with
  relation to the remaining real property damaged in the  same  manner  as
  provided for the ascertainment and determination of damage with relation
  to the entire real property being acquired and shall make a separate and
  partial  tentative  and  final  decree  as  to damage as to all the real
  property being acquired in the proceeding, which  shall  not  have  been
  included  in  prior separate and partial final decrees as to damage. All
  provisions of this subchapter relating to tentative  and  final  decrees
  shall  apply  to  the separate and partial final decrees as to damage so
  made, provided, however, that the provision making it the  duty  of  the
  justice  to view the property being acquired shall not apply in case the
  buildings or improvements on the property  or  the  part  thereof  being
  acquired shall have been removed or destroyed by the city or pursuant to
  its  authority  prior to the time the matter shall have been assigned to
  such justice for trial.