§ 58 — Order granting application to condemn

§ 58. Order granting application to condemn. At the time and place\nmentioned in such notice, unless the court shall adjourn such\napplication to a subsequent date, and in that event at the time to which\nit may be adjourned, the court, upon due proof to its satisfaction of\nthe publication aforesaid and upon filing the petition, shall enter an\norder granting the application, which order shall be filed in the office\nof the clerk of the county in which the property to be acquired is\nsituated. The corporation counsel shall cause to be published in two\npublic newspapers published in the city twice a week for two weeks a\nnotice containing a general description of the property to be acquired\nor affected and requiring every owner of or person in any way interested\nin any property taken or extinguished in such proceeding to file with\nthe clerk of the court of the county in which such property is situated,\non or before a date specified in the notice, a written claim or demand\nduly verified in the manner provided by law for the verification of\npleadings in an action, setting forth the property owned by the claimant\nand his post office address, together with an inventory or itemized\nstatement of the fixtures, if any, for which compensation is claimed. In\ncase such claim or demand for compensation in respect of any fixtures is\nmade by a lessee or tenant of the real property to be acquired, a copy\nof such verified claim or demand, together with such inventory or\nitemized statement, shall be served upon the owner of such real property\nor his attorney. The claimant or his attorney shall at the same time\nserve on the corporation counsel a copy of such verified claim. The\nproof of title to the property to be acquired or extinguished in all\ncases where it is undisputed, together with proof of liens or\nencumbrances thereon, shall be submitted by the claimant to the\ncorporation counsel or to such assistant as he shall designate. Such\ncorporation counsel shall serve on all parties or their attorneys who\nhave served on him verified claims a notice of the time and place at\nwhich he will receive such proof of title. In all cases where the title\nof the claimant is disputed, it shall be the duty of the court to\ndetermine the ownership of such property upon the proof submitted to the\ncourt during the trial of the proceeding. The court shall also have\npower to determine all questions of title incident to the trial of the\nproceeding. After all parties who have filed verified claims as herein\nprovided have proved their title or have failed to do so after being\nnotified by the corporation counsel of the time and place when and where\nsuch proof of title would be received by him, the corporation counsel\nshall serve upon all parties or their attorneys who have appeared in the\nproceeding a notice of trial thereof and file a notice of issue with the\nclerk of the court of the county in which the trial is to be had. The\ntrial shall be had in such county within the judicial district in which\nthe property affected by the proceeding is situated as the corporation\ncounsel shall designate in the notice of trial. The notice of trial\nshall be served at least ten days before, and the note of issue shall be\nfiled at least eight days before the date for which the same is noticed\nfor trial. The note of issue shall briefly state the title of the\nproceeding, the date and place of the entry of the order granting the\napplication to condemn, the names and addresses of the parties who have\nfiled claims, the names and addresses of their respective attorneys, and\na brief statement as to the extent of the property to be acquired. The\nclerk of the court must thereupon enter the proceeding upon the proper\ncalendar according to the date of the entry of the order granting the\napplication to condemn. When notice of trial has been served and note of\nissue filed, the proceeding must remain on the calendar until finally\ndisposed of. It shall be the duty of the justice trying any such\nproceeding to view the property to be thereby acquired or extinguished\nand if he shall deem a view of the property in the vicinity of the\nproperty to be acquired or extinguished necessary or useful, he shall\nmake such view. Where title to real property being acquired in a\nproceeding shall have been vested in the city, and buildings or\nimprovements situated thereon shall have been removed or destroyed by\nthe city or the board of transportation or pursuant to the authority of\neither the city or the board prior to the trial of the proceeding, and\nthereby the justice trying the proceeding is deprived of a view of the\nbuildings or improvements so removed or destroyed, the fact that the\njustice did not have a view thereof shall not preclude the court from\nreceiving on the trial of the proceeding testimony and evidence as to\nthe damage sustained by the claimant by reason of the taking thereof\nwhen offered on behalf of either the claimant or the city.\n