§ 233 — Commissioners to file report; confirmation thereof

§ 233. Commissioners to file report; confirmation thereof. The\ncommissioners shall within one hundred and forty days after their\nappointment, make a report to a special term of the supreme court of the\ndepartment in which such railroad may be located, of the amount of the\npecuniary damages arising from the diminution of value of each parcel of\nproperty bounded on that portion of the street or streets, highway or\nhighways, upon which it is proposed to construct such railroad or\nrailroads, which will be caused by the construction, maintenance and\noperation thereof. The name and place of residence of the owner or\nowners of each parcel shall be stated if the same are known, or can be\nascertained, and if not known the name of the person or persons\nappearing by the certificate of the clerk or register of the county to\nhave the title thereto from the records in his office, and a specific\ndescription of each parcel of property with reasonable certainty. The\ntestimony, if any, taken by the commissioners as to the amount of such\ndamage, shall accompany their report. Within thirty days after filing\nand recording its certificate of incorporation, the corporation\nauthorized to construct and operate such railroad or railroads shall\nmove to confirm such report by giving notice of such motion to the\nproperty owners in the manner in which notice of the time and place of\nhearing before the commissioners is required by section two hundred and\ntwenty-five of this article to be given, and if the corporation fails to\nso move, any property owner may make the motion; and thereafter the\nproceedings shall be conducted in the manner prescribed in the\ncondemnation law.\n Before constructing and operating its railroad in front of any real\nproperty bounded upon any street, avenue or public place wherein the\ncorporation is authorized by the certificate and report of the\ncommissioners to construct and operate its road, such corporation shall\npay to the owner of the real property the damages sustained or which\nwill be sustained by him in consequence thereof, as finally fixed and\nascertained, and the costs allowed him, if any, and the court may direct\nthat such damages be paid out of the moneys deposited pursuant to the\nprovisions of section two hundred and twenty-five of this article, or in\ncase negotiable securities shall have been deposited in lieu of money,\nthat so much of such securities shall be sold as may be necessary to\nraise the amount required to be paid to such owner for damages and costs\nif any. If a bond shall have been executed in lieu of such deposit, the\ncourt may order the sureties in such bond to pay the damages so fixed\nand ascertained, and in default thereof may cause them to be proceeded\nagainst and punished as for a contempt of court.\n