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N.Y. Rapid Transit Law § 56

Application to condemn property

2014-09-22

§ 56. Application to condemn property. After such maps shall have\nbeen filed in the office of the register or county clerk, the\ncorporation counsel, for and on behalf of the city, shall, and he may\nfrom time to time, upon first giving the notice required by section\nfifty-five of this chapter, apply to the supreme court at any special\nterm thereof, to be held in the judicial district in which such county\nis situated, to have the compensation which should justly be made to the\nrespective owners of or persons interested in the property proposed to\nbe taken or extinguished by such proceedings ascertained and determined\nby such court without a jury. Upon each such application he shall\npresent to the court a petition, signed by a majority of the members of\nthe board of transportation and verified in the manner prescribed by law\nfor the verification of pleadings, according to the practice of such\ncourt, setting forth the action or determination theretofore taken or\nhad by such board with respect to the property to be acquired, and the\nfiling of such maps or plans and memoranda, and stating the amount or\nvaluation at which each parcel of the property to be acquired has been\nassessed for purposes of taxation on the tax-rolls of the city for each\nof the three years preceding the date of the petition, and praying that\nthe compensation which should justly be made to the respective owners of\nor persons interested in the property proposed to be taken or\nextinguished by such proceeding be ascertained and determined by such\ncourt without a jury. Such petition shall contain a general description\nof all the property to, or in or over or appurtenant to which any\nproperty right is sought to be acquired, or extinguished, and of every\nproperty right sought to be acquired by the city for public purposes,\neach lot or parcel being more particularly described by a reference to\nthe number of such lot or parcel as given on such maps, and the property\nright sought to be acquired, or extinguished, to or in or over or\nappurtenant to each of such lots or parcels, shall be stated in such\npetition.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.