N.Y. Railroad Law § 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.