US Laws, Codes, Statutes & Cases

 
    §  5-433  Resolution  authorizing  the  closing or discontinuance of a
  street; contents of. Whenever the closing or discontinuance of a  street
  has been authorized as a capital project, the resolution of the board of
  estimate,  providing  for the institution of proceedings for the closing
  or discontinuance of such street, shall:
    1. Specify and describe by courses and distances the part  or  section
  of  such  street  which  it is proposed to discontinue and close and the
  date upon which such street shall become and be closed, which date shall
  not be prior to the date upon which the map, showing the street or  such
  part  thereof  proposed  to  be  closed,  shall  be filed as provided in
  section 5-435 of this subchapter, nor subsequent  to  the  date  of  the
  entry of the final decree of the court.
    1-a. In the case of the closing or discontinuance of the subsurface of
  a  street,  in  whole  or  in part, specify if public utility facilities
  within the subsurface of such street shall be  maintained  in  place  or
  relocated  within  or without such subsurface so that the maintenance in
  place or proposed relocation of such facilities is consistent  with  the
  proposed   use  of  the  closed  portion  of  such  subsurface  and  the
  requirements of other facilities located therein.
    2. State whether the effectual closing of such street, or other public
  necessity, requires the acquisition of the fee title to the whole or any
  portion of the land within the street to be closed, and in case it shall
  state that such acquisition is  necessary,  shall  further  request  the
  mayor to provide for such acquisition simultaneously with the closing of
  such street, and shall specify and describe the part of the lands within
  the closed street, fee title to which should be acquired.
    3.  Adopt  three  similar  maps  or  plans,  prepared  by  the  agency
  requesting such closing and acquisition, showing the street discontinued
  and closed, the nature and extent of such discontinuance and closing and
  the location  of  the  immediately  adjacent  or  intersecting  open  or
  established   public   streets   of   the   city,   sufficient  for  the
  identification and location thereof.
    4. Authorize and direct the corporation counsel to make application to
  the supreme court to have  such  court  without  a  jury  ascertain  and
  determine the compensation which justly should be made to the respective
  owners of the real property affected, damaged, extinguished or destroyed
  by such closing.