New York Final Decree; Preparation Thereof; What To Contain.
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§ 5-321 Final decree; preparation thereof; what to contain. a. After
considering the objections, if any, and making any corrections or
alterations in the tentative decree as to awards for damage, the justice
trying the proceeding shall give instructions to the corporation counsel
as to the preparation of the final decree. Such decree shall consist of
the tentative decree, altered and corrected in accordance with the
instructions of the justice; of the final awards, as determined by the
court, set opposite the respective damage parcel numbers in a column
headed "final award" in the tabular abstract of awards for damage; of a
statement of the facts conferring upon the court jurisdiction of the
proceeding; and of such other matters as the court shall require to be
set forth. The final decree shall also contain a statement that the
amounts set opposite the respective damage parcel numbers in the column
headed "final awards" in the tabular abstract of awards for damage
constitute and are the just compensation which the respective owners are
entitled to receive from the city. The final decree shall also set forth
the names of the respective owners of the several parcels acquired, but
in all cases where the owners are unknown or not fully known to the
court, it shall be sufficient to set forth and state in general terms in
the decree the respective sums to be allowed and paid to the owners of
the respective parcels for loss and damage without specifying their
names or their estates or interests therein, and in such case the owners
may be specified as unknown.
b. To the final decree shall be attached the surveys, diagrams, maps
or plans referred to in subdivision a of section 5-315 of this
subchapter, duly corrected, when necessary. Such decree shall set forth
the several parcels taken by reference to the numbers of such parcels on
the respective surveys, diagrams, maps or plans, and it shall not be
necessary to describe any parcels acquired by metes and bounds.
c. Should any errors exist in the tentative decree, or in the surveys,
diagrams, maps or plans attached thereto, or should there occur, between
the date of the tentative decree and the time of the signing by the
court of the final decree, any changes in ownership resulting in changes
in the size of area, by subdivision or otherwise, of any of the parcels
of any real property to be acquired, the court may alter and correct the
respective surveys, diagrams, maps or plans to show such changes in such
final decree. At the time of the entry of the final decree, the court
shall direct that the maps furnished to the corporation counsel in the
proceeding shall be revised and altered in agreement with the tax maps
as of the date of the entry of such decree.