US Laws, Codes, Statutes & Cases

 
    §  5-347  Vesting  of title; seizin; possession. a. In a proceeding in
  which additional real property shall be acquired, the mayor shall direct
  that on the date of entry of  the  order  granting  the  application  to
  acquire  by  the  supreme court the title to the whole but not less than
  the whole of such  additional  real  property  to  be  acquired  in  the
  proceeding  shall  vest  in  the  city. Such order shall also direct the
  vesting in such city, simultaneously, of the title to all  of  the  real
  property  being  acquired  in  the  proceeding for the improvement. In a
  proceeding  involving  the  acquisition  of  title  to  additional  real
  property  required  for  a street, highway or public place, however, the
  mayor shall not be required to vest, at one time, the title to  all  the
  additional real property to be acquired, provided that:
    1.  In  vesting  title to parts of such additional real property every
  such part shall be of at least a block length along the improvement, and
  no fractional portion of a block shall be contained in  any  such  part,
  and
    2. The mayor shall also direct that all the real property required for
  the  street,  highway or public place in such block or blocks shall vest
  in the city simultaneously.
    b. Upon the date of the entry of the order granting the application to
  acquire, the city shall be and become seized in fee simple  absolute  to
  such  additional  real  property.  The  reversal  on appeal of the final
  decree, or of any part thereof, shall not operate to divest the city  of
  title  to any of the real property so acquired. In a proceeding in which
  excess lands shall be acquired, the mayor shall not have power to direct
  the vesting of title in the city to the real property required  for  the
  improvement  without  also  directing  the vesting of title in the city,
  simultaneously, to the excess lands being acquired in the proceeding  in
  connection  with  the  improvement, except that the mayor may direct, in
  the manner provided in subdivision a of this section, that title to  the
  real  property required for a street, highway or public place shall vest
  in the city in any  block  of  such  street,  highway  or  public  place
  abutting which no excess lands are taken.
    c.  In  any  proceeding  in which excess lands shall be acquired, when
  title to any part less than the whole of the real property required  for
  the  street,  highway  or public place in any one block thereof, between
  legally existing public streets, shall vest in the city,  title  to  the
  remainder  of  the  real  property  required  for the street, highway or
  public place in the same block and title to the additional lands  to  be
  acquired  in  the  proceeding  abutting on the street, highway or public
  place in the same block, shall vest  in  the  city  simultaneously.  The
  reversal  on  appeal  of  the  final decree of the court, or of any part
  thereof, shall not operate to divest the city of title  to  any  of  the
  real property so acquired for the street, highway or public place in the
  same block or to the additional lands abutting thereon.
    d. Upon the vesting of title, as in this section provided, to any such
  additional lands and to lands required for the improvement, the city, or
  any  person  acting under its authority, may immediately, or at any time
  thereafter, take possession of the additional lands so vested and of the
  real property required for the improvement so vested,  or  any  part  or
  parts  thereof,  in accordance with the provisions of the eminent domain
  procedure law pertaining to possession.