US Laws, Codes, Statutes & Cases

 
    §  5-328  Advance payments. The mayor may authorize the comptroller to
  pay to the person entitled to an award for real property acquired  in  a
  proceeding,  in  advance  of  the  final  determination of such person's
  damages pursuant to the requirements of article  three  of  the  eminent
  domain procedure law, a sum to be determined by the corporation counsel,
  after an appraisal of the damages sustained by such person by the expert
  or  experts  employed  by  the  corporation  counsel  less  any liens or
  encumbrances of  record  upon  such  property,  which  amount  shall  be
  certified to the comptroller by the corporation counsel. The mayor shall
  authorize  the  comptroller  to cause to be published in the City Record
  for ten consecutive days a notice stating that the comptroller is  ready
  to  pay  such  persons  entitled to awards for real property acquired in
  such proceeding, in advance of the final determination of their  damage.
  Such  notice  shall describe the property for which such advance payment
  may be made by tax block and lot numbers or the damage parcel numbers of
  the real property involved. Before any such  advance  payment  shall  be
  made,  the  comptroller shall procure the certificate of the corporation
  counsel showing the amount to be paid to the claimant, that said  amount
  does represent one hundred percent of the city's appraised valuation and
  that  the  person  to  whom  payment is to be made is the person legally
  entitled to receive the same. In case the person entitled to an award at
  the date of the vesting of title to the real property in the city  shall
  have  transferred  or  assigned  his  or  her  claim,  such  transfer or
  assignment made by such person, or by his or her successor  in  interest
  or  legal  representative, shall not become binding upon the city unless
  the instrument or instruments evidencing  such  transfer  or  assignment
  shall  have  been  executed  and  filed in the office of the comptroller
  prior to any such advance payment. When any such advance  payment  shall
  have  been made, the comptroller, on paying the awards made for the real
  property acquired,  shall  deduct  from  the  total  amount  allowed  as
  compensation the sum advanced plus interest thereon from the date of the
  payment  of such advance to the date of the final decree and the balance
  shall be paid as provided in section 5-327 of this subchapter.