N.Y. Rapid Transit Law § 65: Tentative decree; objections thereto

§ 65. Tentative decree; objections thereto. The court, after hearing

such testimony and considering such proofs as may be offered, shall

ascertain and estimate the compensation which ought justly to be made by

the city to the respective owners of or persons interested in the

property so acquired or extinguished by such proceeding for the

improvement and shall instruct the corporation counsel to prepare a

transcript of its estimate of damage. Such transcript of estimate shall

be accompanied by the third set of maps or plans and memoranda referred

to in section fifty-four of this chapter and therein denominated the

third set, or a copy thereof, and shall refer to the numbers thereon and

shall state the several sums respectively estimated for each of such

parcels with the names of the owners or persons interested therein as

far as ascertained, together with all of the affidavits and proofs upon

which the same are based. Such transcript shall be signed by the justice

trying the proceeding and filed with the clerk of the county in which

the property affected by the proceeding is situated and when so filed

shall constitute the tentative decree of the court. Upon the filing of

the tentative decree, the corporation counsel shall give notice by

publication twice a week for two weeks in two public newspapers

published in such city of the filing of such tentative decree and that

the city and any person whose rights may be affected thereby and who may

object thereto, or any part thereof, may, on or before a day to be

specified in such notice subsequent to the last publication thereof, set

forth his objections thereto in writing, duly verified in the manner

required by law for the verifiation of pleadings in an action, setting

forth the property owned by the objector and his post-office address,

and file the same with such clerk. The notice shall also state that the

corporation counsel on the date specified therein will apply to the

justice who made the tentative decree to fix a time when he will hear

the parties so objecting. Every party so objecting, or his attorney,

within the same time, shall serve on the corporation counsel a copy of

such verified objections. Upon such application the justice shall fix

the time when he will hear the parties so objecting and desiring to be

heard. At the time so fixed the justice shall hear each person who has

objected to the tentative decree and who may then and there appear and

shall have the power to adjourn from time to time until all persons who

have filed objections and desire to be heard shall be fully heard.