Legislation
SECTION 53
Corporation counsel to acquire property
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 6
§ 53. Corporation counsel to acquire property. a. Whenever and as
often as the board of transportation shall deem it to be necessary and
proper that the city should acquire any such property and shall have
caused such maps or plans and memoranda specifying and defining the
property to be acquired, or to which are appurtenant the property rights
to be acquired or extinguished, to be made and shall have certified,
filed and transmitted the several copies of such maps or plans as
prescribed in section fifty-two of this chapter, such board may direct
the corporation counsel to take legal proceedings to acquire the same
for the city, and the corporation counsel shall thereupon take legal
proceedings as provided in this chapter.
b. The corporation counsel, either in person or by such counsel as he
shall designate for the purpose, shall appear for and protect the
interests of the city in all such proceedings. He shall furnish the
court with such necessary clerks and other employees as it may require.
All necessary expenses incurred by the corporation counsel in and about
the proceedings provided for by this chapter for the proper presentation
and defense of the interests of the city, shall be paid by the
comptroller out of the funds referred to in section sixty-nine of this
chapter. Property owners appearing in proceedings under this chapter
shall not be entitled to recover counsel fees, costs, disbursements or
allowances.
often as the board of transportation shall deem it to be necessary and
proper that the city should acquire any such property and shall have
caused such maps or plans and memoranda specifying and defining the
property to be acquired, or to which are appurtenant the property rights
to be acquired or extinguished, to be made and shall have certified,
filed and transmitted the several copies of such maps or plans as
prescribed in section fifty-two of this chapter, such board may direct
the corporation counsel to take legal proceedings to acquire the same
for the city, and the corporation counsel shall thereupon take legal
proceedings as provided in this chapter.
b. The corporation counsel, either in person or by such counsel as he
shall designate for the purpose, shall appear for and protect the
interests of the city in all such proceedings. He shall furnish the
court with such necessary clerks and other employees as it may require.
All necessary expenses incurred by the corporation counsel in and about
the proceedings provided for by this chapter for the proper presentation
and defense of the interests of the city, shall be paid by the
comptroller out of the funds referred to in section sixty-nine of this
chapter. Property owners appearing in proceedings under this chapter
shall not be entitled to recover counsel fees, costs, disbursements or
allowances.