2019 New York Laws
RRD - Railroad
Article 6 - Rapid Transit Act of 1875
233 - Commissioners to File Report; Confirmation Thereof.

§  233.  Commissioners  to  file  report;  confirmation  thereof.  The
  commissioners shall within  one  hundred  and  forty  days  after  their
  appointment, make a report to a special term of the supreme court of the
  department  in  which such railroad may be located, of the amount of the
  pecuniary damages arising from the diminution of value of each parcel of
  property bounded on that portion of the street or  streets,  highway  or
  highways,  upon  which  it  is  proposed  to  construct such railroad or
  railroads, which will be caused by  the  construction,  maintenance  and
  operation  thereof.  The  name  and  place  of residence of the owner or
  owners of each parcel shall be stated if the same are known, or  can  be
  ascertained,  and  if  not  known  the  name  of  the  person or persons
  appearing by the certificate of the clerk or register of the  county  to
  have  the  title  thereto from the records in his office, and a specific
  description of each parcel of property with  reasonable  certainty.  The
  testimony,  if  any, taken by the commissioners as to the amount of such
  damage, shall accompany their report. Within thirty  days  after  filing
  and   recording   its  certificate  of  incorporation,  the  corporation
  authorized to construct and operate such  railroad  or  railroads  shall
  move  to  confirm  such  report  by  giving notice of such motion to the
  property owners in the manner in which notice of the time and  place  of
  hearing  before the commissioners is required by section two hundred and
  twenty-five of this article to be given, and if the corporation fails to
  so move, any property owner may make  the  motion;  and  thereafter  the
  proceedings   shall  be  conducted  in  the  manner  prescribed  in  the
  condemnation law.
Before constructing and operating its railroad in front  of  any  real
  property  bounded  upon  any  street, avenue or public place wherein the
  corporation  is  authorized  by  the  certificate  and  report  of   the
  commissioners  to construct and operate its road, such corporation shall
  pay to the owner of the real property the  damages  sustained  or  which
  will  be  sustained  by him in consequence thereof, as finally fixed and
  ascertained, and the costs allowed him, if any, and the court may direct
  that such damages be paid out of the moneys deposited  pursuant  to  the
  provisions of section two hundred and twenty-five of this article, or in
  case  negotiable  securities shall have been deposited in lieu of money,
  that so much of such securities shall be sold as  may  be  necessary  to
  raise the amount required to be paid to such owner for damages and costs
  if  any. If a bond shall have been executed in lieu of such deposit, the
  court may order the sureties in such bond to pay the  damages  so  fixed
  and  ascertained,  and in default thereof may cause them to be proceeded
  against and punished as for a contempt of court.