NY Rapid Trans L § 58 (2021)
2021 New York Laws RAT - Rapid Transit Article 6 - Acquisition of Property by the City 58 - Order Granting Application to Condemn.

§  58.  Order  granting application to condemn.  At the time and place   mentioned  in  such  notice,  unless  the  court  shall   adjourn   such   application to a subsequent date, and in that event at the time to which   it  may  be  adjourned, the court, upon due proof to its satisfaction of   the publication aforesaid and upon filing the petition, shall  enter  an   order granting the application, which order shall be filed in the office   of  the  clerk  of  the  county  in which the property to be acquired is   situated. The corporation counsel shall cause to  be  published  in  two   public  newspapers  published  in  the city twice a week for two weeks a   notice containing a general description of the property to  be  acquired   or affected and requiring every owner of or person in any way interested   in  any  property  taken or extinguished in such proceeding to file with   the clerk of the court of the county in which such property is situated,   on or before a date specified in the notice, a written claim  or  demand   duly  verified  in  the  manner  provided by law for the verification of   pleadings in an action, setting forth the property owned by the claimant   and his post office address, together  with  an  inventory  or  itemized   statement of the fixtures, if any, for which compensation is claimed. In   case such claim or demand for compensation in respect of any fixtures is   made  by  a lessee or tenant of the real property to be acquired, a copy   of such verified claim  or  demand,  together  with  such  inventory  or   itemized statement, shall be served upon the owner of such real property   or  his  attorney.   The claimant or his attorney shall at the same time   serve on the corporation counsel a copy  of  such  verified  claim.  The   proof  of  title  to  the property to be acquired or extinguished in all   cases  where  it  is  undisputed,  together  with  proof  of  liens   or   encumbrances  thereon,  shall  be  submitted  by  the  claimant  to  the   corporation counsel or to such assistant as  he  shall  designate.  Such   corporation  counsel  shall  serve on all parties or their attorneys who   have served on him verified claims a notice of the  time  and  place  at   which  he will receive such proof of title. In all cases where the title   of the claimant is disputed, it shall  be  the  duty  of  the  court  to   determine the ownership of such property upon the proof submitted to the   court  during  the  trial  of  the proceeding. The court shall also have   power to determine all questions of title incident to the trial  of  the   proceeding.  After  all parties who have filed verified claims as herein   provided have proved their title or have failed to  do  so  after  being   notified by the corporation counsel of the time and place when and where   such  proof  of  title would be received by him, the corporation counsel   shall serve upon all parties or their attorneys who have appeared in the   proceeding a notice of trial thereof and file a notice of issue with the   clerk of the court of the county in which the trial is to  be  had.  The   trial  shall be had in such county within the judicial district in which   the property affected by the proceeding is situated as  the  corporation   counsel  shall  designate  in  the  notice of trial. The notice of trial   shall be served at least ten days before, and the note of issue shall be   filed at least eight days before the date for which the same is  noticed   for  trial.  The  note  of  issue  shall  briefly state the title of the   proceeding, the date and place of the entry of the  order  granting  the   application  to condemn, the names and addresses of the parties who have   filed claims, the names and addresses of their respective attorneys, and   a brief statement as to the extent of the property to be  acquired.  The   clerk  of  the court must thereupon enter the proceeding upon the proper   calendar according to the date of the entry of the  order  granting  the   application to condemn. When notice of trial has been served and note of   issue  filed,  the  proceeding must remain on the calendar until finally   disposed of. It shall be  the  duty  of  the  justice  trying  any  such   proceeding  to  view the property to be thereby acquired or extinguished    and if he shall deem a view of the  property  in  the  vicinity  of  the   property  to  be  acquired or extinguished necessary or useful, he shall   make such view. Where  title  to  real  property  being  acquired  in  a   proceeding  shall  have  been  vested  in  the  city,  and  buildings or   improvements situated thereon shall have been removed  or  destroyed  by   the  city or the board of transportation or pursuant to the authority of   either the city or the board prior to the trial of the  proceeding,  and   thereby  the  justice trying the proceeding is deprived of a view of the   buildings or improvements so removed or destroyed,  the  fact  that  the   justice  did  not  have a view thereof shall not preclude the court from   receiving on the trial of the proceeding testimony and  evidence  as  to   the  damage  sustained  by  the claimant by reason of the taking thereof   when offered on behalf of either the claimant or the city.