§ 233. Commissioners to file report; confirmation thereof. The
commissioners shall within one hundred and forty days after their
appointment, make a report to a special term of the supreme court of the
department in which such railroad may be located, of the amount of the
pecuniary damages arising from the diminution of value of each parcel of
property bounded on that portion of the street or streets, highway or
highways, upon which it is proposed to construct such railroad or
railroads, which will be caused by the construction, maintenance and
operation thereof. The name and place of residence of the owner or
owners of each parcel shall be stated if the same are known, or can be
ascertained, and if not known the name of the person or persons
appearing by the certificate of the clerk or register of the county to
have the title thereto from the records in his office, and a specific
description of each parcel of property with reasonable certainty. The
testimony, if any, taken by the commissioners as to the amount of such
damage, shall accompany their report. Within thirty days after filing
and recording its certificate of incorporation, the corporation
authorized to construct and operate such railroad or railroads shall
move to confirm such report by giving notice of such motion to the
property owners in the manner in which notice of the time and place of
hearing before the commissioners is required by section two hundred and
twenty-five of this article to be given, and if the corporation fails to
so move, any property owner may make the motion; and thereafter the
proceedings shall be conducted in the manner prescribed in the
condemnation law.

Before constructing and operating its railroad in front of any real
property bounded upon any street, avenue or public place wherein the
corporation is authorized by the certificate and report of the
commissioners to construct and operate its road, such corporation shall
pay to the owner of the real property the damages sustained or which
will be sustained by him in consequence thereof, as finally fixed and
ascertained, and the costs allowed him, if any, and the court may direct
that such damages be paid out of the moneys deposited pursuant to the
provisions of section two hundred and twenty-five of this article, or in
case negotiable securities shall have been deposited in lieu of money,
that so much of such securities shall be sold as may be necessary to
raise the amount required to be paid to such owner for damages and costs
if any. If a bond shall have been executed in lieu of such deposit, the
court may order the sureties in such bond to pay the damages so fixed
and ascertained, and in default thereof may cause them to be proceeded
against and punished as for a contempt of court.