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This entry was published on 2014-09-22
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Order granting application to condemn
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 6
§ 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.