§ 3-318 — Award of damages to land and improvements by reason of grading of streets; measure of damages; presentation of claims

§ 3-318 Award of damages to land and improvements by reason of grading of streets; measure of damages; presentation of claims.

a. There shall be no liability for originally establishing a grade or for changing an established grade, except as provided in this section: 1. When an owner has built upon or otherwise improved his or her property prior to the original establishment of a grade by lawful authority, such owner and the lessee thereof shall be entitled to damages only to such buildings and improvements for the grading of the street in accordance with such established grade. 2. When an owner has built upon or otherwise improved his or her property in conformity with the grade of any street or avenue established by lawful authority nd such grade is changed after such buildings or improvements have been erected, such owner and the lessee thereof shall be entitled to damages only to such buildings and improvements for the change of grade. 3. When a street has been graded to a special grade as set forth in this section, the comptroller shall be empowered to determine the damages sustained by each owner or lessee of the land fronting the portion of the street affected by the special grade. The damages shall be for the departure of the grade of the street from the normal grade as shown on the plan and profile submitted by the board of estimate to the comptroller. b. No award shall be made unless a claim in writing shall have been filed with the comptroller within ninety days after the grading shall have been completed.