New York Awards And Costs; When, How And To Whom Paid.
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§ 5-457 Awards and costs; when, how and to whom paid. a. All damages
awarded by the court, and all costs and expenses which may be taxed in
the proceeding, shall be paid by the city to the respective persons
mentioned or referred to in the final decree of the court or in whose
favor such costs and expenses shall be taxed. In a capital project
proceeding, such costs and expenses shall be deemed part of the cost of
the acquisition of land or permanent rights in land and may be financed
in the same manner as the acquisition of land or permanent rights in
land.
b. Whenever the amount of damages awarded in any final decree,
together with the costs which shall have been taxed in the proceeding,
shall exceed the balance remaining in the fund, from which such amounts
are payable, after deducting all outstanding claims against such
balance, the court, upon proper application of an owner or other person
entitled to such excess, shall require the city to issue and sell serial
bonds the proceeds of which shall be paid into such fund to meet such
deficiency.
c. In default of payment, in a capital project proceeding, the owners,
or other persons entitled to be paid, may at any time after application
first made to the comptroller therefor, sue for and recover the amount
due, with lawful interest and the costs of suit.
d. Except when any sum or sums of money shall in the final decree be
made to "unknown owners", the supreme court, upon the application of the
city or of any person entitled to or claiming to be interested in the
lands, tenements or hereditaments for which such awards have been made,
or any part thereof, shall either direct the same to be retained by the
comptroller, or to be paid into the supreme court until the title
thereto or the respective interests and estates of all parties therein
shall be determined by the court. Upon such application the court may
take the proofs and testimony of the claimant or claimants or parties
interested in the lands for which the awards have been made or refer the
matter to a referee for such purpose.