Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 62
Time when city becomes seized
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 6
§ 62. Time when city becomes seized. Upon the date of the entry of
the order granting the application to condemn, the city shall be and
become seized and possessed in fee or absolute ownership of all those
parcels of property and property rights which are in the maps or plans
and memoranda referred to in section fifty-two of this chapter,
described as parcels of property or property rights which are to be
acquired, and also shall become seized and possessed of all the property
rights appurtenant to any lots or parcels of property indicated on such
maps or plans as parcels in regard to which it is deemed necessary to
acquire such rights, or such rights shall be extinguished, as the case
may be. The board of transportation, immediately or at any time
thereafter, may take possession or enter into the enjoyment of such
property or of any part thereof, without any suit or proceeding at law
for that purpose. Such board, or any person acting under its authority,
may enter upon and use, occupy and enjoy all the parcels of property and
all the property rights appurtenant to any of the parcels of property
and all property rights described on such maps or plans or in such
memoranda, for any of the purposes authorized and provided for by this
chapter. But on the entry of such order granting the application to
condemn, the city shall be and become forthwith liable to the respective
owners or persons interested in the several parcels of property and the
several property rights appertaining thereto, and of such property
rights acquired as aforesaid, for the true and respective values
thereof, together with interest thereon from the time of the entry of
such order, provided, however, that no such interest shall be payable to
any owner or person interested in any such property or property right
during any period during which the city or such board may by any
resistance, whether by legal proceeding or otherwise, of such person or
with his authority, be prevented from taking possession thereof or
enjoying the same.