N.Y.C. Admin. Code § 5-319: § 5-319 Separate and partial tentative and final decrees.
Where this section sits in the code
- New York City Administrative Code
- Title 5
- Chapter 3: Condemnation Procedures
a. The court upon the authorization of the mayor, may make a separate and partial tentative decree and a separate and partial final decree embracing the entire real property being acquired therein, or successive sections or parcels thereof.
b. Whenever a separate and partial tentative and final decree or decrees shall have been authorized, the corporation counsel may file in the office of the county clerk and in the office in which instruments affecting real property are required to be recorded in the county in which the order granting the application to condemn is filed, a survey or map showing the part of the real property being acquired as to which a separate and partial tentative and final decree has been authorized, subdivided into parcels corresponding with separate ownerships thereof, as far as ascertained, and the corporation counsel and the court shall proceed with the ascertainment and determination of the damages with relation to the real property shown on such partial damage map in the same manner as provided for the ascertainment and determination of damages with relation to the entire real property embraced in the proceeding.
c. In case a separate and partial final decree or decrees as to damage, including part of the real property being acquired in the proceeding, shall have been made or filed therein and the justice who made and filed the separate and partial final decree or decrees as to damage shall have died or retired from the bench, or become incapacitated for any reason, the corporation counsel and the court shall proceed with the ascertainment and determination of damage with relation to the remaining real property damaged in the same manner as provided for the ascertainment and determination of damage with relation to the entire real property being acquired and shall make a separate and partial tentative and final decree as to damage as to all the real property being acquired in the proceeding, which shall not have been included in prior separate and partial final decrees as to damage. All provisions of this subchapter relating to tentative and final decrees shall apply to the separate and partial final decrees as to damage so made, provided, however, that the provision making it the duty of the justice to view the property being acquired shall not apply in case the buildings or improvements on the property or the part thereof being acquired shall have been removed or destroyed by the city or pursuant to its authority prior to the time the matter shall have been assigned to such justice for trial.
Collected 2026-09-06T02:48:57Z. Source file · JSON