2006 New York Code - Amendment Of Street Closing Proceeding To Include Acquisition Of Fee Title To Closed Street.

 
    §  5-449 Amendment of street closing proceeding to include acquisition
  of fee title to closed street. Where a street has been  closed  pursuant
  to  the  provisions  of this subchapter, and the compensation to be made
  for the damages caused by the closing thereof is to be  ascertained  and
  determined  by the supreme court without a jury, and the city is not the
  owner of the fee title to the land within such  closed  street  and  the
  effectual  closing  of  such  street  or  part  thereof, or other public
  necessity, requires that such city should acquire the fee title  to  the
  whole  or  part  of the land within the closed street, the city shall be
  authorized to acquire the fee title thereto for the purposes provided by
  this subchapter. Such acquisition may be authorized before or after  the
  institution  of  a  proceeding  to have the supreme court without a jury
  ascertain and determine the compensation to  be  made  for  the  damages
  caused  by  the  closing  of  such  street,  but  the order of the mayor
  instituting the proceeding for the acquisition shall be  approved  prior
  to  the filing of the tentative decree in any street closing proceeding.
  The mayor, in issuing such order, shall comply with  the  provisions  of
  section  5-434 of this subchapter. Such order shall authorize and direct
  the corporation counsel to apply to the  supreme  court  in  the  proper
  judicial  district  to  have  such  court  without  a jury ascertain and
  determine the compensation which justly should be made to the respective
  owners of the fee title to the land within the  closed  street  for  the
  damages  sustained  by  such owners on account of the acquisition by the
  city of the fee title thereto. Such order shall specify  the  date  upon
  which  the  fee  title to the land within the closed street shall become
  and be vested  in  the  city,  in  accordance  with  the  provisions  of
  subdivision three of section 5-434, which date shall not be prior to the
  entry  of the order authorizing the court to ascertain and determine the
  compensation to be made therefor nor subsequent  to  the  entry  of  the
  final  decree  of  the court in such proceeding. Upon the date so fixed,
  the fee title to the land within the closed street shall become  and  be
  vested  in  the  city.  Upon  the issuance of such order the corporation
  counsel shall give notice by publication for ten days in the City Record
  that he or she will apply to the supreme court,  stating  the  time  and
  place  when  and where such application will be made, to have such court
  without a jury ascertain and determine  the  compensation  which  justly
  should  be  made  to  the respective owners of the fee title to the land
  within the closed street. Upon such application the corporation  counsel
  shall present to the court a petition signed and verified by him or her,
  setting  forth  the  action  had  by  the mayor, and indicating the land
  within the closed street, the fee title to which is to  be  acquired  by
  the  city,  by  a precise description with courses and distances, having
  reference to the city map, an extract from which shall be attached,  and
  praying  that  the compensation to be made therefor shall be ascertained
  and determined by such court without a  jury.  At  the  time  and  place
  specified   in   such  notice,  unless  the  court  shall  adjourn  such
  application to a subsequent day, and, in that event,  at  the  time  and
  place  to  which  the  same  may  be  adjourned,  upon  due proof to its
  satisfaction of the publication of such notice and upon  the  filing  of
  such  petition, the court shall enter an order granting the application,
  which order shall be filed in the office of the clerk of the  county  in
  which  the  closed  street  is  situated. Awards for damages, due to the
  acquisition of the fee title to the land within the closed street, shall
  be made as provided  in  any  proceeding  instituted  pursuant  to  this
  subchapter.