§ 65 — Tentative decree; objections thereto

§ 65. Tentative decree; objections thereto. The court, after hearing\nsuch testimony and considering such proofs as may be offered, shall\nascertain and estimate the compensation which ought justly to be made by\nthe city to the respective owners of or persons interested in the\nproperty so acquired or extinguished by such proceeding for the\nimprovement and shall instruct the corporation counsel to prepare a\ntranscript of its estimate of damage. Such transcript of estimate shall\nbe accompanied by the third set of maps or plans and memoranda referred\nto in section fifty-four of this chapter and therein denominated the\nthird set, or a copy thereof, and shall refer to the numbers thereon and\nshall state the several sums respectively estimated for each of such\nparcels with the names of the owners or persons interested therein as\nfar as ascertained, together with all of the affidavits and proofs upon\nwhich the same are based. Such transcript shall be signed by the justice\ntrying the proceeding and filed with the clerk of the county in which\nthe property affected by the proceeding is situated and when so filed\nshall constitute the tentative decree of the court. Upon the filing of\nthe tentative decree, the corporation counsel shall give notice by\npublication twice a week for two weeks in two public newspapers\npublished in such city of the filing of such tentative decree and that\nthe city and any person whose rights may be affected thereby and who may\nobject thereto, or any part thereof, may, on or before a day to be\nspecified in such notice subsequent to the last publication thereof, set\nforth his objections thereto in writing, duly verified in the manner\nrequired by law for the verifiation of pleadings in an action, setting\nforth the property owned by the objector and his post-office address,\nand file the same with such clerk. The notice shall also state that the\ncorporation counsel on the date specified therein will apply to the\njustice who made the tentative decree to fix a time when he will hear\nthe parties so objecting. Every party so objecting, or his attorney,\nwithin the same time, shall serve on the corporation counsel a copy of\nsuch verified objections. Upon such application the justice shall fix\nthe time when he will hear the parties so objecting and desiring to be\nheard. At the time so fixed the justice shall hear each person who has\nobjected to the tentative decree and who may then and there appear and\nshall have the power to adjourn from time to time until all persons who\nhave filed objections and desire to be heard shall be fully heard.\n