US Laws, Codes, Statutes & Cases

 
    §  5-322  Filing of final decree as to damage where objections and the
  filing of a tentative decree are waived. a.  Notwithstanding  any  other
  provision  of  this  subchapter, in any case where the owner of any real
  property affected by any proceeding under this subchapter or the owner's
  attorney and the corporation counsel enter into an agreement in  writing
  whereby  it  is  agreed  that  with  respect  to the award of damages in
  relation to such property, the filing of a tentative decree, the  giving
  of  notice  to  file objections and the filing and hearing of objections
  are waived, the filing of a tentative decree, the giving of such  notice
  and  the  hearing  of  objections in relation to such award shall not be
  required.
    b. In a capital project proceeding, the court may make a separate  and
  partial  final  decree  or  decrees  determining the final awards to any
  owners of real property affected by the proceeding who have entered into
  such waiver agreements or in whose behalf such agreements have been made
  by their attorneys, or where such agreements have been so  entered  into
  by  or  in  behalf  of  all  owners  of  real  property affected by such
  proceeding, the court may make a  final  decree  determining  the  final
  awards  to  such  owners.  In  accordance  with  the procedure regularly
  governing where the provisions of subdivision a of this section are  not
  applicable,  the  court  may make such separate and partial tentative or
  final or other decrees as may be appropriate for  the  determination  of
  awards  to  owners  of real property affected by the proceeding who have
  not entered into such agreements and in  whose  behalf  such  agreements
  have not been made by their attorneys.
    c.   1.  Any  separate  and  partial  final  decree  or  final  decree
  determining final awards to owners of real property by whom or in  whose
  behalf  such  waiver  agreements  have  been  so  entered  into shall be
  prepared by the corporation counsel in accordance with the  instructions
  of the justice trying the proceeding, and shall set forth the following:
    (a)  such  awards,  as  determined  by  the  court,  set  opposite the
  respective damage parcel numbers;
    (b) the facts conferring jurisdiction over  the  proceeding  upon  the
  court and such other matters as the court shall require to be included;
    (c)  a  statement  that the amounts set opposite the respective damage
  parcel numbers constitute and are just compensation which the respective
  owners are entitled to receive from the city; and
    (d) the  names  of  the  respective  owners  of  the  several  parcels
  acquired,  as  far  as  the same shall have been ascertained, 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.
    2.  If  any such decree is the first separate and partial final decree
  or final decree filed  in  such  proceeding,  there  shall  be  attached
  thereto  the surveys, diagrams, maps or plans referred to in subdivision
  a of section 5-315 of this subchapter, duly corrected,  when  necessary.
  Any  such  decree  referred  to  in this subdivision 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.