Legislation
SECTION 65
Tentative decree; objections thereto
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 6
§ 65. Tentative decree; objections thereto. The court, after hearing
such testimony and considering such proofs as may be offered, shall
ascertain and estimate the compensation which ought justly to be made by
the city to the respective owners of or persons interested in the
property so acquired or extinguished by such proceeding for the
improvement and shall instruct the corporation counsel to prepare a
transcript of its estimate of damage. Such transcript of estimate shall
be accompanied by the third set of maps or plans and memoranda referred
to in section fifty-four of this chapter and therein denominated the
third set, or a copy thereof, and shall refer to the numbers thereon and
shall state the several sums respectively estimated for each of such
parcels with the names of the owners or persons interested therein as
far as ascertained, together with all of the affidavits and proofs upon
which the same are based. Such transcript shall be signed by the justice
trying the proceeding and filed with the clerk of the county in which
the property affected by the proceeding is situated and when so filed
shall constitute the tentative decree of the court. Upon the filing of
the tentative decree, the corporation counsel shall give notice by
publication twice a week for two weeks in two public newspapers
published in such city of the filing of such tentative decree and that
the city and any person whose rights may be affected thereby and who may
object thereto, or any part thereof, may, on or before a day to be
specified in such notice subsequent to the last publication thereof, set
forth his objections thereto in writing, duly verified in the manner
required by law for the verifiation of pleadings in an action, setting
forth the property owned by the objector and his post-office address,
and file the same with such clerk. The notice shall also state that the
corporation counsel on the date specified therein will apply to the
justice who made the tentative decree to fix a time when he will hear
the parties so objecting. Every party so objecting, or his attorney,
within the same time, shall serve on the corporation counsel a copy of
such verified objections. Upon such application the justice shall fix
the time when he will hear the parties so objecting and desiring to be
heard. At the time so fixed the justice shall hear each person who has
objected to the tentative decree and who may then and there appear and
shall have the power to adjourn from time to time until all persons who
have filed objections and desire to be heard shall be fully heard.
such testimony and considering such proofs as may be offered, shall
ascertain and estimate the compensation which ought justly to be made by
the city to the respective owners of or persons interested in the
property so acquired or extinguished by such proceeding for the
improvement and shall instruct the corporation counsel to prepare a
transcript of its estimate of damage. Such transcript of estimate shall
be accompanied by the third set of maps or plans and memoranda referred
to in section fifty-four of this chapter and therein denominated the
third set, or a copy thereof, and shall refer to the numbers thereon and
shall state the several sums respectively estimated for each of such
parcels with the names of the owners or persons interested therein as
far as ascertained, together with all of the affidavits and proofs upon
which the same are based. Such transcript shall be signed by the justice
trying the proceeding and filed with the clerk of the county in which
the property affected by the proceeding is situated and when so filed
shall constitute the tentative decree of the court. Upon the filing of
the tentative decree, the corporation counsel shall give notice by
publication twice a week for two weeks in two public newspapers
published in such city of the filing of such tentative decree and that
the city and any person whose rights may be affected thereby and who may
object thereto, or any part thereof, may, on or before a day to be
specified in such notice subsequent to the last publication thereof, set
forth his objections thereto in writing, duly verified in the manner
required by law for the verifiation of pleadings in an action, setting
forth the property owned by the objector and his post-office address,
and file the same with such clerk. The notice shall also state that the
corporation counsel on the date specified therein will apply to the
justice who made the tentative decree to fix a time when he will hear
the parties so objecting. Every party so objecting, or his attorney,
within the same time, shall serve on the corporation counsel a copy of
such verified objections. Upon such application the justice shall fix
the time when he will hear the parties so objecting and desiring to be
heard. At the time so fixed the justice shall hear each person who has
objected to the tentative decree and who may then and there appear and
shall have the power to adjourn from time to time until all persons who
have filed objections and desire to be heard shall be fully heard.