US Laws, Codes, Statutes & Cases

 
    §  5-366  Proceedings before the court. a. It shall be the duty of the
  corporation counsel to furnish copies of the maps provided for  in  this
  subchapter  to the court. The court shall view the real estate laid down
  on such maps, and shall hear the proofs and allegations  of  any  owner,
  lessee  or  other  person  in any way entitled to, or interested in such
  real estate, or any part or parcel thereof, and  also  such  proofs  and
  allegations as may be offered on behalf of the city.
    b.  After the testimony is closed, the court shall without unnecessary
  delay, ascertain and determine the just  compensation  which  should  be
  made by the city to the owners, or to the persons interested in the real
  estate sought to be acquired or affected by such proceedings.
    c.  In  the  ascertainment  of  the  compensation  for any property or
  property rights so acquired, such compensation shall be based  upon  the
  actual  values  of  the property or the interest acquired therein at the
  time of its taking, and there shall not be taken into consideration  any
  prospective  or  speculative value, based upon the possible, probable or
  actual future use of such property, or property rights, if the same  had
  not been acquired by the city for public use.
    d. The court shall determine:
    1. The height to which the waters of any lake, pond, or natural stream
  concerning  which such proceedings were instituted may be raised and the
  point to which  such  waters  may  be  drawn  down  by  the  city,  such
  determination  to  be  made before any award of damages shall be made on
  account of such proposed raising or depression of such waters.
    2. The sum to be paid to the general or special guardian or  committee
  of  an  infant,  idiot  or  person  of unsound mind, and to the attorney
  appointed by the court to attend to the interests of any  unknown  owner
  or  party  in  interest,  or to the attorney or guardian of any party in
  interest whose interests are unknown or the interest of  any  person  or
  persons not in being.