US Laws, Codes, Statutes & Cases

 
    § 5-361 Agreements with owners of real estate or other persons. a. The
  commissioner,  subject  to the approval of the mayor, may agree with the
  owners or persons interested in any real estate laid down on  such  maps
  upon  the  amount  of  compensation to be paid to such owners or persons
  interested for the taking or using and occupying such  real  estate.  In
  case  any  such  real  estate shall be owned, occupied or enjoyed by the
  people of this state, or by any county, town or school  district  within
  this state, such rights, titles, interests or properties may be paid for
  upon  agreement  respectively  with the New York State office of general
  services, who shall act for the people of the state, with a  chairperson
  and a majority in numbers of the board of supervisors of any county, who
  shall  act for such county, and with the supervisor and commissioners of
  highways in any town, who shall act for such town, and with the trustees
  of any school district, who shall act for such district,  and  with  the
  president  and  a  majority of the board of trustees of any incorporated
  village. The New York State office of general services shall have  power
  to  grant  to  the  city any real estate belonging to the people of this
  state  which  may  be  required  for  the  purposes  indicated  in  this
  subchapter,  on  such  terms  as  may be agreed on between them and such
  commissioners. If any real estate of any county, town or school district
  is required by the  city  for  the  purposes  of  this  subchapter,  the
  majority  of  the  board  of supervisors, acting for such county, or the
  supervisors of  any  such  town,  with  the  commissioners  of  highways
  therein,  acting  for such town, or the trustees of any school district,
  acting for such district, or the president and majority of  trustees  of
  any  incorporated  village,  may grant or surrender such real estate for
  the compensation agreed upon between such officers respectively and such
  commissioners.
    b. In case any real estate required by the city  for  the  purpose  of
  this  subchapter  shall be vested in any trustee not authorized to sell,
  release and convey the same, or in  any  infant,  idiot,  or  person  of
  unsound  mind,  the  supreme  court  shall  have  power,  by  a  summary
  proceeding, on petition,  to  authorize  and  empower  such  trustee  or
  general  guardian  or  committee  of  such  infant,  idiot, or person of
  unsound mind, to sell, convey, or surrender the same to the city on such
  terms as may be just. In case any  such  infant,  idiot,  or  person  of
  unsound mind has no general guardian or committee, the court may appoint
  a  special  guardian  or  committee for the purpose of making such sale,
  surrender, or conveyance,  and  may  require  such  security  from  such
  general  or special guardian or committee as such court may deem proper.
  Before any conveyance or release authorized by this subchapter shall  be
  executed,  the  terms  on  which  the  same  shall  be executed shall be
  reported to the court on oath, and if the court shall be satisfied  that
  such  terms  are  just  to  the party interested in such rights, titles,
  interests, or properties, the court shall confirm the report and  direct
  to  be  executed  the proper conveyance or release, which shall have the
  same effect as if executed by an owner of such rights, titles, interests
  or properties having legal power to  sell,  surrender,  and  convey  the
  same.
    c.  In  case  any person owning private property not actually taken or
  proposed to be taken, pursuant to the provisions of this subchapter, but
  which will  in  such  person's  opinion  be  damaged,  the  commissioner
  representing  the  city,  with the approval of the mayor, may agree with
  such person as to the amount of such  damages,  and  if  such  agreement
  cannot  be  made,  such damages, if any, shall be determined in the same
  manner provided for ascertaining  and  determining  the  value  of  real
  estate  taken  under such proceedings, and the amount of such damages so
  agreed upon or so determined shall be payable  and  collectible  in  the

  same  manner  as  is  provided  in  the  case  of  awards  made  in such
  proceedings.