New York Report Of Commissioners; Compensation For Loss To Railroad Or Electric Corporation Or Owner Of Water Power; Expenses.
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§ 5-388 Report of commissioners; compensation for loss to railroad or
electric corporation or owner of water power; expenses. a. The
commissioners of appraisal shall prepare a report, and such copies
thereof as may be required. Such report or reports shall contain a brief
description of the several parcels of real estate so acquired, taken or
affected, with a reference to the map or maps as showing the exact
location and boundaries of each parcel; a statement of the sum estimated
and determined upon by them as a just and equitable compensation to be
made by the city to the owners or persons entitled to or interested in
each parcel so taken, or as to which any right, title, interest,
privilege or easement is taken, acquired or extinguished; and a
statement of the respective owners or persons entitled thereto, or
interested therein. In every case where the owners and parties
interested, or their respective estates or interests are unknown, or not
fully known to the commissioners of appraisal, it shall be sufficient
for them to set forth and state in general terms the respective sums to
be allowed and paid to the owners of, and parties interested therein
generally, without specifying the name of estates or interests of such
owners, or parties interested, or any or either of them.
b. Where loss, damage or expense, direct or consequential, has
resulted to any duly incorporated railroad corporation, operating a
steam railroad in any county in which land shall be acquired in
pursuance of the provisions of this subchapter, or by reason of any of
the matters in this subchapter involved, or any electric corporation, or
the owner of any water power on any of the streams or waters affected by
the provisions of this subchapter, the board of estimate is hereby
authorized and empowered to agree with such railroad corporation, or any
such electric corporation, or the owner of any such water power, upon
the compensation which shall be made to it for such loss, damage or
expense. In the event of no agreement being reached between such board
and such railroad corporation, or any such electric corporation, or the
owner of any such water power, the commissioners of appraisal appointed
to estimate damages for lands acquired in such county are hereby
authorized and directed to pass upon such claim and to make awards
therefor as provided in this subchapter.
c. Subject to review by the court as hereinafter provided, the
commissioners may also recommend such sums, if any, as shall seem to
them proper to be allowed, to parties appearing in the proceeding, as
expenses and disbursements including reasonable compensation for
witnesses and what sums, if any, ought to be paid to the general or
special guardian of an infant, idiot, or person of unsound mind, or to
an attorney appointed by the court to attend to the interests of any
known owner or party in interest who has not appeared in the proceedings
for expenses or counsel fees.