Water Supply

NYC Admin. Code tit. 5, ch. 3, subch. 3-a

in effect

NYC Admin. Code § 5-376 Determination of additional sources of water supply; reports to board of estimate.

§ 5-376 Determination of additional sources of water supply; reports to board of estimate. a. It shall be the duty of the commissioner of environmental protection to proceed immediately and with all reasonable speed, to ascertain what sources exist and are most available, desirable and best for an additional supply of pure and wholesome water for the city. The commissioner shall make such studies, investigations, surveys, maps, plans, profiles, estimates and reports as the commissioner may deem proper in order to ascertain the facts as to such sources and shall report to the board of estimate with recommendations as to what action should in the commissioner's opinion be taken with reference thereto. It shall be lawful for the board of estimate and the commissioner to report upon, consider and determine the project in parts or sections from time to time as they may deem fit, so that the city may be able to obtain an additional supply of water from one or more sources before the whole additional supply contemplated may be obtained. b. If at any time the board of estimate shall determine it to be advisable that the needs of the city with respect to its water supply or with regard to the delivery of such supply to points convenient for distribution among the several boroughs shall be made the subject of study and investigation, the commissioner of environmental protection shall forthwith proceed with such studies and investigations and, together with his or her recommendations, report to the board of estimate. Upon receipt of any such report the board of estimate may consider and act upon it in the same manner and with the same authority as provided in this section and in any following sections.

NYC Admin. Code § 5-377 Further reports to board of estimate; hearings; map or plan of whole work to be approved and filed.

§ 5-377 Further reports to board of estimate; hearings; map or plan of whole work to be approved and filed. a. The board of estimate upon the receipt of such report or reports of the commissioner may adopt, modify or reject the whole or any part of the same, and may cause such studies, investigations, surveys, maps, plans, profiles, estimates and reports to be made, and such further information to be obtained as the commissioner shall deem expedient to enable him or her to act intelligently in the premises. In case of the modification or rejection of the recommendations in such report or reports or any part thereof by the board of estimate, the commissioner in like manner as aforesaid shall prepare and submit to the board of estimate further studies, investigations, surveys, maps, plans, profiles, estimates and reports and make such changes and modifications as shall seem proper to the board of estimate, and shall continue so to do under the direction of the board of estimate, until a map, plan or plans covering the entire work contemplated by this subchapter shall be approved and adopted by such board. The map, plan or plans may be made and adopted in parts or sections from time to time, and may be changed or modified either before or after adoption as the board of estimate may deem necessary for the more efficient carrying out of the provisions of this subchapter. b. The board of estimate prior to the adoption of such map, plan or plans, or to a modification thereof shall afford to all persons interested a reasonable opportunity to be heard respecting the same, and shall give reasonable public notice of such hearing, at which testimony may be produced by the parties appearing in such manner as the board of estimate may determine, and each member of the board is hereby authorized to administer oaths and issue subpoenas in any proceeding pending before them under this subchapter. Notice of such hearing shall be given, in addition to the above provision, by mailing to the chairperson and clerk of the board of supervisors of the county where the real estate to be acquired is situated a notice of such hearing at least eight days before the time named in the notice. c. A final map, plan or plans approved and adopted by the board of estimate shall be executed in quadruplicate, one of which shall remain on file with the clerk of the board of estimate, one shall be placed on file in the office of the commissioner of environmental protection, one, or a certified copy thereof, shall be filed in the county clerk's office or register's office of each county in which any of the land affected thereby is situated. d. Provided, however, that no reservoir or other structure for the storage or impounding of water, shall be constructed, at any time, within the drainage area of the Esopus creek in the county of Ulster, other than that designated in the reports of William H. Burr, Rudolph Hering and John R. Freeman to the Honorable George B. McClellan, mayor, chairman, board of estimate of the city of New York, as to the Ashokan reservoir, the flow line of which shall not exceed elevation six hundred feet coast and geodetic survey datum.

NYC Admin. Code § 5-378 Entry to prepare maps and to post notice.

§ 5-378 Entry to prepare maps and to post notice. The commissioner of environmental protection, the commissioner's agents, engineers, surveyors and such other persons as may be necessary to enable the commissioner to perform his or her duties under this subchapter are hereby authorized to enter upon any land, or water, for the purpose of making surveys, examinations or investigations and preparing the maps, plans and reports contemplated by this subchapter and for the purpose of posting any notices that may be required to be published in like manner.

NYC Admin. Code § 5-379 Real estate maps; preparation, submission and adoption thereof.

§ 5-379 Real estate maps; preparation, submission and adoption thereof. After the approval, adoption and filing of a final map, plan or plans described in section 5-377 of this subchapter, the commissioner shall prepare and submit to the board of estimate six similar maps of the real estate to be acquired or affected for the purpose of carrying out the said plan or plans, or any part thereof. Upon those maps there shall be laid out and separately numbered the various parcels of real estate acquisition of which is made necessary for the prosecution of the work authorized by this subchapter, including the lands adjoining the Esopus creek between the point on such creek, in the town of Shandaken, Ulster county, where the Schoharie tunnel empties into such creek, and the Ashokan reservoir of the city, in such county, the owners of which lands shall be entitled to recover the decrease in value of such lands by reason of any acts of the city under the provisions of this subchapter or any previous act, such damages to be determined by a commission in the same manner as damages for the taking of real property are determined. On such maps, the property division lines existing at the time of the survey shall be delineated, and there shall be plainly indicated those parcels of which the fee, and over or through which parcels the right to use and occupy the same temporarily or in perpetuity, is to be acquired. The board of estimate may adopt, modify or reject such maps in whole or in part and require others to be made instead thereof. In case of such rejection, the commissioner of environmental protection shall in like manner, as aforesaid, prepare and submit others, until maps shall be approved by the board of estimate covering the entire area required for the purpose of carrying out the said plan or plans, or any part thereof. Such maps may be made and filed in sections. One or more sections may be determined before the maps of the whole construction are completed. Such sections shall be determined and decided upon previous to the appointment of the commissions as hereinafter provided for, and shall be so determined that one commission shall not be appointed for a section covering more property than can reasonably be passed upon and awards made by such commission within the limits of a year from the time of the filing of the oaths, as hereinafter provided. The proceedings hereinafter authorized may, in like manner, be taken separately in reference to one or more of such sections before the maps of the whole are filed. The work upon one or more of such sections may be begun before the maps of the remaining sections are filed. The maps when adopted by the board of estimate shall be transmitted by such board to the corporation counsel, with a certificate of such adoption written thereon and signed by a majority of the board.

NYC Admin. Code § 5-380 Maps; filing of.

§ 5-380 Maps; filing of. The corporation counsel shall cause one of the maps described in section 5-379 of this subchapter, or a certified copy thereof, to be filed in the office of the clerk of each county in which any real estate laid out on such map shall be located except that in any county in which there is a register's office, such map shall be filed therein instead of in the office of the county clerk. The other maps described in section 5-379 of this subchapter shall be disposed of in the manner indicated in succeeding sections of this subchapter.

NYC Admin. Code § 5-381 Application for appointment of commissioners of appraisal.

§ 5-381 Application for appointment of commissioners of appraisal. After such maps shall have been filed as provided for in the preceding section of this subchapter, the corporation counsel, for and on behalf of the city, upon first giving the notice required in the next section of this subchapter, shall apply to the supreme court at any special term thereof to be held in the judicial district in which the lands or some part thereof shown on such maps, and the title to which it is proposed to acquire in the proceeding thus instituted, is situated, for the appointment of commissioners of appraisal. Upon such application the corporation counsel shall present to the court a petition signed and verified by the commissioner of environmental protection, according to the practice of the court, setting forth the action theretofore taken by the commissioner and by the board of estimate and the filing of such maps, and praying for the appointment of commissioners of appraisal. Such petition shall contain a general description of all the real estate to, in, or over which any title, interest, right or easement is sought to be acquired for the city for the purpose of this subchapter, each parcel being more particularly described by a reference to the number of such parcel as given on such maps, and the title, interest or easement sought to be acquired to, in or over such parcel, whether a fee or otherwise, shall be stated in the petition.

NYC Admin. Code § 5-382 Notice of application for appointment of commissioners of appraisal.

§ 5-382 Notice of application for appointment of commissioners of appraisal. The corporation counsel shall give notice in the City Record, and in two public newspapers published in the city of New York and in two public newspapers published in each other county in which any real estate laid out on such maps may be located, and which it is proposed to acquire in the proceeding, of the corporation counsel's intention to make application to such court for the appointment of commissioners of appraisal which notice shall specify the time and place of such application, shall briefly state the object of the applications and shall describe the real estate sought to be taken or affected. A statement of the real estate to be acquired or affected for the purpose of carrying out the said plan or plans or in any part thereof with separate enumerations of the numbers of the parcels to be taken in fee, and of the numbers of the parcels in which an easement is to be acquired, together with the route of the tunnels and aqueducts by courses and distances and of the greatest and least width of its required easement or parcel of land with a reference to the dates and places of filing such maps, shall be sufficient description of the real estate sought to be so taken or affected. Such notice shall be so published, once in each week, in each of such newspapers, for six weeks immediately previous to the presentation of such petition; and the corporation counsel shall in addition to such advertisement cause copies of the same in hand bills to be posted up, for the same space of time in at least twenty conspicuous places on the line of the aqueduct or in the vicinity of the real estate so to be taken or affected and shall cause a copy of such notice to be mailed to the owners of such real estate whose names and addresses are known or are readily ascertainable. After the original appointment of commissioners of appraisal pursuant to the provisions of this subchapter, the corporation counsel may apply at a special term of the supreme court in the same judicial district where application for such original commission was made for the appointment of a successor commission, upon first giving ten days' notice by advertisement in the newspapers hereinabove described of his or her intention to make such application.

NYC Admin. Code § 5-383 Appointment of commissioners of appraisal; their qualifications.

§ 5-383 Appointment of commissioners of appraisal; their qualifications. At the time and place mentioned in such notice, unless such court shall adjourn such application to a subsequent day and in that event at the time to which the same may be adjourned, such court, upon due proof to its satisfaction of the required publication and posting aforesaid, and upon filing such petition, shall make an order for the appointment of three disinterested and competent freeholders, at least one of whom shall reside in the city and at least one of whom shall reside in the county or one of the counties in which such real estate shall be situated, as commissioner of appraisal to ascertain and appraise the compensation to be made to the owners and all persons interested in the real estate laid down on such maps as proposed to be taken or affected for the purpose indicated in this subchapter. Such order shall fix the time and place for the first meeting of such commissioners.

NYC Admin. Code § 5-384 Oath of commissioners of appraisal; filing thereof.

§ 5-384 Oath of commissioners of appraisal; filing thereof. Such commissioners shall take and subscribe the oath or affirmation required by article thirteen of the constitution and shall forthwith file the same or a certified copy thereof in the office of the clerk of the county in which the land or any part thereof is situated, and shall forthwith file certified copies of such oaths in the office of the clerk of the county of New York, and in the register's office in any county in which there is a register's office and in which is situated any of the real estate sought to be taken or affected by the proceeding.

NYC Admin. Code § 5-385 Eligibility of commissioners for reappointment.

§ 5-385 Eligibility of commissioners for reappointment. No person appointed a commissioner of appraisal in any proceedings conducted under this subchapter shall be eligible for reappointment on any commission provided for under this subchapter until three years shall have elapsed since such person shall have finished the duties imposed upon him or her as a commissioner under any previous appointment except a person appointed to fill a vacancy occurring in a commission more than six months after the original appointment of such commission, which said appointee shall be eligible for one additional appointment to the successor commission or any other commission.

NYC Admin. Code § 5-386 Vesting of title; possession; removal of buildings or improvements.

§ 5-386 Vesting of title; possession; removal of buildings or improvements. On filing such oaths, in the manner provided in section 5-384 of this subchapter, the city shall be and become seized in fee of all those parcels of real estate which are on the maps referred to in section 5-379 of this subchapter delineated as parcels, of which it has been determined that the fee should be acquired, and shall also be and become vested of the easements, in, over, upon or through all those other parcels of real estate which are on said maps delineated as parcels in, over, upon or through which it has been determined that easements should be acquired; and may immediately or at any time or times thereafter take possession of the same or any part or parts thereof without any suit or proceeding at law for that purpose; provided, however, that before the city takes possession of the same it shall pay to the respective owner or owners of each of such parcels of real estate, which are upon such maps delineated as parcels of which it has been determined that the fee should be acquired, (a) if located outside the counties of Ulster, Greene, Sullivan, Schoharie and Delaware, a sum of money equal to one-half the assessed valuation of such real property as the same appears upon the assessment roll of the town or tax district in which the same is situate for the year next preceding that in which the city becomes seized in fee of each of such parcels of real estate, and (b) if located in the counties of Ulster, Greene, Sullivan, Schoharie or Delaware, a sum of money equal to fifty per centum of the full valuation of such real estate. In the event that a parcel so delineated on said map as a fee parcel is not separately assessed on the assessment roll of the town or tax district in which the same is situated but is assessed as a part of another tract, then the amount which the city shall be required to pay or deposit under this section shall be (a) if the parcel be located outside the counties of Ulster, Greene, Sullivan, Schoharie and Delaware, the proportion which the assessed valuation of the parcel acquired bears to the assessed valuation of the entire property as a part of which said parcel is assessed, and (b) if the parcel be located in the counties of Ulster, Greene, Sullivan, Schoharie or Delaware, the proportion which the full valuation of the parcel acquired bears to the full valuation of the entire property as a part of which said parcel is assessed. The supreme court in the judicial district in which the land is situated is hereby authorized to make an order prorating such assessed valuation or full valuation, as the case may be, and to determine the proportion of such assessed valuation or full valuation, as the case may be, which the city of New York shall be required to pay before taking possession of such parcel. The city, at its option and by agreement with such respective owner or owners, may, instead of paying to him or her or them the amount or amounts hereinbefore required, pay to him or her or them a sum or sums of money greater than but not more than twice the amount or amounts hereinbefore required. For the purposes of this section only, "full valuation" of real estate shall mean the assessed valuation thereof, as the same appears on the assessment roll of the town or tax district in which the real estate is situate for the year next preceding that in which the city becomes seized in fee thereof, divided by the rate of assessment of real property in such town or tax district for the same year as finally recommended for adoption by the state tax commission under the provisions of the real property tax law formerly contained in sections fifty and one hundred seventy-four of the tax law. Deposit of all moneys hereunder to the credit of, or payable to the order of the owner, pursuant to the direction of the court, shall be deemed a payment within the provisions of this section, and, thereupon, the commissioner of environmental protection, or any person or persons acting under their or its authority may enter upon and use and occupy to the exclusion of any and all other persons all the parcels of real estate delineated on such map for the purpose of carrying out the plan or plans, or any part thereof, described in section 5-377 of this subchapter, provided, however, that no buildings or improvements shall be removed or disturbed within one year from the date of the filing of the oaths of the commissioners unless thirty days' notice in writing is given to the owner, or to his or her attorney, if any, by the corporation counsel of the intention to make such removal, and affording the owner an opportunity to examine the property with the commissioners of appraisal and such witnesses as he or she may desire. If the owner of the property can not be found with due diligence, and there is no attorney representing such property or parcel, before removing, disturbing, or destroying any of the buildings, or the improvements, a representative of the commissioner of environmental protection or of the corporation counsel shall cause measurements to be made of the buildings and photographs of the exterior views thereof, which measurements and photographs shall be at the disposition thereafter of the claimants, or their attorneys, in case such claimants or their attorneys should appear and demand the same before the case is tried.

NYC Admin. Code § 5-387 Commissioners of appraisal; powers and proceedings thereof; provisions for filling of vacancies.

§ 5-387 Commissioners of appraisal; powers and proceedings thereof; provisions for filling of vacancies. a. Any one of such commissioners of appraisal may issue subpoenas and administer oaths to witnesses; and they or any one of them, in the absence of the others, may adjourn the proceedings from time to time in their discretion; but they shall continue to meet from time to time as may be necessary, within the judicial district where the lands or any part thereof may be located, to hear, consider and determine upon all claims which may be presented to them under the provisions of this subchapter. Within thirty days after the commissioners have been appointed and have qualified, the city shall furnish the commission with a list of the claims that have been filed and are to be determined and the commissioners shall have full power and authority to prepare a calendar of all such claims and to determine the order and priority of the hearing of such claims; to set down the hearing of any such claim for a day certain; and to order an inquest in or a dismissal of any claim for failure of a party to appear at the time designated for the hearing thereof unless the commissioners shall determine that a reasonable excuse for such failure exists. They shall view the real estate laid down on the maps and shall hear the proofs and allegations of any owner, lessee, or other person in any way entitled to or interested in such real estate or any part or parcel thereof, and also such proofs and allegations as may be offered on behalf of the city. They shall rule upon motions and objections made in connection with the admission or exclusion of testimony or evidence in any hearing before the commissioners and shall make findings upon which their awards are made and separate findings upon which the fees and allowances are based. They shall reduce the testimony taken before them to writing, and after the testimony is closed, they or a majority of them, all having considered the same, and having an opportunity to be present, shall without unnecessary delay, ascertain and determine the just and equitable compensation which ought justly to be made by the city to the owners or the persons interested in the real estate sought to be acquired or affected by such proceedings, including just and equitable compensation to the owner of any leasehold taken or affected in the proceeding. Such commissioners of appraisal shall make reports of their proceedings to the supreme court as in the next section provided, with the minutes of the testimony taken by them and the findings of fact made by them, and they shall be entitled to the payments hereinafter provided for their services and expenses to be paid from the fund hereinafter provided. b. In case of the death, resignation, refusal or neglect to serve of any or all of such commissioners of appraisal, the corporation counsel shall upon ten days' notice to be given by advertisement in the newspapers designated as hereinbefore provided, apply to the supreme court at a special term thereof, to be held in the judicial district in which the land or any part thereof affected by the proceedings, is situated, for the appointment of one or more commissioners to fill the vacancy or vacancies so occasioned. c. In the event that the corporation counsel shall fail, neglect or refuse to make such application within thirty days after any such vacancy shall have occurred as hereinabove provided, any person interested in the proceeding may similarly apply after such advertisement for the filling of any vacancy. The city of New York shall be liable for the reasonable expenses of such advertisement together with ten dollars costs of motion in the event of any such application by any such interested person.

NYC Admin. Code § 5-388 Report of commissioners; compensation for loss to railroad or electric corporation or owner of water power; expenses.

§ 5-388 Report of commissioners; compensation for loss to railroad or electric corporation or owner of water power; expenses. a. The commissioners of appraisal shall prepare a report, and such copies thereof as may be required. Such report or reports shall contain a brief description of the several parcels of real estate so acquired, taken or affected, with a reference to the map or maps as showing the exact location and boundaries of each parcel; a statement of the sum estimated and determined upon by them as a just and equitable compensation to be made by the city to the owners or persons entitled to or interested in each parcel so taken, or as to which any right, title, interest, privilege or easement is taken, acquired or extinguished; and a statement of the respective owners or persons entitled thereto, or interested therein. In every case where the owners and parties interested, or their respective estates or interests are unknown, or not fully known to the commissioners of appraisal, it shall be sufficient for them to set forth and state in general terms the respective sums to be allowed and paid to the owners of, and parties interested therein generally, without specifying the name of estates or interests of such owners, or parties interested, or any or either of them. b. Where loss, damage or expense, direct or consequential, has resulted to any duly incorporated railroad corporation, operating a steam railroad in any county in which land shall be acquired in pursuance of the provisions of this subchapter, or by reason of any of the matters in this subchapter involved, or any electric corporation, or the owner of any water power on any of the streams or waters affected by the provisions of this subchapter, the board of estimate is hereby authorized and empowered to agree with such railroad corporation, or any such electric corporation, or the owner of any such water power, upon the compensation which shall be made to it for such loss, damage or expense. In the event of no agreement being reached between such board and such railroad corporation, or any such electric corporation, or the owner of any such water power, the commissioners of appraisal appointed to estimate damages for lands acquired in such county are hereby authorized and directed to pass upon such claim and to make awards therefor as provided in this subchapter. c. Subject to review by the court as hereinafter provided, the commissioners may also recommend such sums, if any, as shall seem to them proper to be allowed, to parties appearing in the proceeding, as expenses and disbursements including reasonable compensation for witnesses and what sums, if any, ought to be paid to the general or special guardian of an infant, idiot, or person of unsound mind, or to an attorney appointed by the court to attend to the interests of any known owner or party in interest who has not appeared in the proceedings for expenses or counsel fees.

NYC Admin. Code § 5-389 Filing of the commissioners' report.

§ 5-389 Filing of the commissioners' report. Such report signed by such commissioners or a majority of them, shall be filed not more than one year after the date of the filing of the oaths of the commissioners in the office of a clerk of a county in which real estate sought to be acquired may be situated and in case a part of the real estate is in another county a duplicate report or certified copy shall be filed in the office of the clerk of such other county, provided, however, that the supreme court upon application and good reasons shown therefor may extend the time for the taking of testimony or for the preparation and filing of such report, or both, beyond one year for a period not exceeding eight months. The commissioners of appraisal shall notify the corporation counsel immediately upon the filing of a report.

NYC Admin. Code § 5-390 Notice of hearing on report.

§ 5-390 Notice of hearing on report. The corporation counsel, or in case of the corporation counsel's neglect to do so within ten days after receiving notice of such filing, any person interested in the proceeding, shall give notice that such report will be presented for confirmation, modification (specifying the particulars of such modification in respect to the amount of the award, witness fees or other allowances made by the commissioners) or for rejection in whole or in part to the justice of the supreme court appointing the commissioners, or if the justice be unavailable, to a justice of the supreme court at a special term thereof, to be held in the judicial district in which the land or a part thereof is situated at a time and place to be specified in such notice, and the objections, if any, to the confirmation, modification or rejection of such report or any part thereof, shall be heard at such special term. The notice shall contain a statement of the time and place of the filing of the report and of the copy or copies thereof, and shall be published once in each week in each of the newspapers referred to previously in this subchapter, for at least three weeks immediately prior to the presentation of such report to the supreme court. As used in this section, section 5-391 and section 5-399 of this subchapter, the terms "modify" and "modification" shall be construed to include an increase, a decrease or any other change in an award, fee or allowance.

NYC Admin. Code § 5-391 Hearing on the report.

§ 5-391 Hearing on the report. The application for the confirmation, modification or rejection of the report shall be made to the supreme court at a special term thereof held in the judicial district in which the land or some part thereof is situated. Upon the hearing of the application such court may confirm or modify such report or may in its discretion order that the report or any portion thereof affecting one or more parcels be referred to the same commission, or a new commission for a new hearing, and make an order containing a recital of the substance of the proceedings in the matter of the appraisal with a general description of the real estate appraised and for which compensation is to be made; and shall also direct to whom the money is to be paid or in what bank or trust company and in what manner it shall be deposited by the comptroller. Such order confirming or modifying the report shall (except in case of an appeal, as provided in this subchapter) be final and conclusive as well upon the city as upon owners and all persons interested in or entitled to such real estate; and also upon all other persons whomsoever.

NYC Admin. Code § 5-392 Payment by the city.

§ 5-392 Payment by the city. The city shall, within three calendar months after the confirmation of the report of the commissioners of appraisal, pay to the respective owners and bodies politic or corporate, mentioned or referred to in such report, in whose favor, any sum or sums of money shall be estimated and reported by such commissioners, the respective sum or sums so estimated and reported in their favor respectively, with lawful interest thereon, from the date of filing the oath and certified copies thereof as by this subchapter required, deducting therefrom all sums of money paid on account thereof as provided in section 5-386 of this subchapter. In case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons or bodies politic or corporate in whose favor the same shall be so reported, his, her, or their executors, administrators or successors, at any time or times, after application first made by him, her, or them, to the comptroller for payment thereof, may sue for and recover the same, with lawful interest as aforesaid, and the costs of suit in any proper form of action against the city in any court having cognizance thereof, and it shall be sufficient to declare generally for so much money due to the plaintiff or plaintiffs therein by virtue of this subchapter for real estate taken or affected for the purpose herein mentioned, and the report of such commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action.

NYC Admin. Code § 5-393 Limitation of time for presenting claims.

§ 5-393 Limitation of time for presenting claims. All claims of every name and nature under this subchapter, except claims provided for under section 5-398, must be exhibited and presented to the commissioners of appraisal having jurisdiction of the same within the following periods of time: (a) in the case of real estate acquired in fee or in which an easement is acquired, within three years after title thereto shall have become vested in the city; (b) in the case of claims under section 5-423, within three years from the date of the filing of the oaths of the commissioners appointed after the acquisition by the city of New York of the real estate, the acquisition of which is claimed to be the direct or indirect cause of damage, or within three years from the execution of the plan or work, the execution of which is claimed to be the direct or indirect cause of damage. In the case of real estate acquired in fee or in which an easement is acquired, every person neglecting or refusing to present a claim within such time shall be deemed to have surrendered his or her interest in such real estate or his or her claims for damages thereto, except so far as such person may be entitled as an owner of, or person interested in the award, if any, made by the commissioners of appraisal. All other claims not exhibited and presented within the time above specified shall be forever barred.

NYC Admin. Code § 5-394 Calendar call after eighteen months; cessation of interest.

§ 5-394 Calendar call after eighteen months; cessation of interest. Not less than eighteen months after the date of the filing of the oaths of any original commission appointed pursuant to the provisions of this subchapter, the corporation counsel may call a session of the commission appointed and acting as successor to such original commission for the purpose of having such successor commission fix dates for the hearing and presentation of any and all claims not theretofore disposed of and heard; such session shall be known as the calendar call. At least ten days prior to such calendar call the corporation counsel shall give personal notice in writing to any or all persons interested in the proceeding and their attorneys, if any, that such a calendar call will be held and that dates will be fixed for the hearing and presentation of claims. All persons so notified may appear at such calendar call for the purpose of having dates fixed for the hearing and presentation of their claims. In the event that persons so notified fail to appear at such calendar call, the commission at the request of the corporation counsel shall fix dates for the hearing and presentation of their claims, which dates shall be not less than twenty days after such calendar call. The corporation counsel shall further notify such persons in writing of the dates thus fixed, which notice shall be so served not less than five days before the date so fixed. All persons failing to appear on the dates fixed by the commission at such calendar call, or failing to give legal excuse for so failing to appear to the commission at or before the time of such calendar call, shall forfeit their right to interest from and after the date fixed by the commission at the calendar call on any award made to them.

NYC Admin. Code § 5-395 Payment by city as termination of liability.

§ 5-395 Payment by city as termination of liability. Payment of the compensation awarded by the commissioners of appraisal to the persons named in their report (if not infants or persons of unsound mind) shall, in the absence of notice to the city of other claimants to such award, protect the city.

NYC Admin. Code § 5-396 Payment to trust company to the credit of the owner; suit to determine the rightful owner.

§ 5-396 Payment to trust company to the credit of the owner; suit to determine the rightful owner. Whenever the owner or owners, person or persons interested in any real estate taken or affected in such proceedings, or in whose favor any such sum or sums or compensation shall be so reported shall be under the age of twenty-one years, of unsound mind, or absent from the state of New York, and also in all cases where the name or names of the owner or owners, person or persons interested in any such real estate shall not be set forth or mentioned in such report, or where the owner or owners, person or persons being named therein, can not upon diligent inquiry be found, or where there are adverse or conflicting claims to the moneys awarded as compensation, it shall be lawful for the city to pay the sum or sums mentioned in such report, payable, or that would be coming to such owner or owners, persons or persons respectively, with interest aforesaid, into such trust company as the court may in the order of confirmation direct, to the credit of such owner or owners, person or persons, and such payment shall be as valid and effectual, in all respects as if made to such owner or owners, person or persons interested therein respectively, themselves, according to their just rights. In all cases, however, where any such sum or sums or compensation, reported by the commissioners in favor of any person or persons or party or parties, whatsoever, whether named or not named in such report shall be paid to any person or persons or party or parties, whomsoever, when the same shall of right belong and ought to have been paid to some other person or persons, or party or parties, it shall be lawful for the person or persons or party or parties to whom the same ought to have been paid, to sue for and recover the same with lawful interest and costs of suit as so much money had and received to his, her or their use by the person or persons, party or parties, respectively, to whom the same shall have been so paid.

NYC Admin. Code § 5-397 Separate reports by the commissioners.

§ 5-397 Separate reports by the commissioners. The commissioners of appraisal may, in their discretion, take up any specified claim or claims and finally ascertain and determine the compensation to be made thereon, and make a separate report with reference thereto, annexing to such report a copy of so much of the maps as displays the parcel or parcels so reported on. Such report as to the claims therein specified shall be the report required in this subchapter, and the subsequent action with reference thereto shall be had in the same manner as though no other claim were embraced in such proceeding, which, however, shall continue as to all claims upon which no such determination and report is made.

NYC Admin. Code § 5-398 Unforeseeable damages; settlement or determination thereof.

§ 5-398 Unforeseeable damages; settlement or determination thereof. Whenever the owner of any private property any part of or interest in which shall have been taken under any proceeding had pursuant to this subchapter shall claim that the prosecution of any work done pursuant to such proceeding has been the proximate cause of actual and material damage to any part of such property and that commissioners of appraisal could not have taken cognizance of such damage pursuant to section 5-387 of this subchapter, until the actual happening thereof because of its unforeseeable or speculative nature, the proper person or board representing the city may agree with such owner as to the amount of such damages. If such agreement cannot be made, such owner may present to the commissioners of appraisal his or her claim in writing duly verified on oath. It shall be the duty of the commissioners to hear allegations and proofs and to proceed in like manner as is provided in the case of property taken pursuant to such proceedings as aforesaid and to determine such actual damages, if any, which were unforeseeable or speculative until the actual happening thereof. The amount of such damages so agreed upon, if any, or so determined, shall be payable and collectible in the same manner as is provided in the case of awards made through the confirmation of a report of commissioners of appraisal in such proceedings. In case at the time of making any such claim there shall be no commissioners authorized to take cognizance thereof, the corporation counsel, for and on behalf of the city, shall make an application for the appointment of commissioners of appraisal in the manner prescribed by this subchapter, to take cognizance of such claims. Provided, however, that such claims shall be presented in the manner above specified within two years from and after the completion of the work, the prosecution of which is claimed to have been the proximate cause of such damage and that such claim shall be supported by proof of interest in the property alleged to have been damaged and of such damage and that it resulted proximately from the prosecution of such work, as aforesaid, and that it was so unforeseeable or speculative, as aforesaid; and that the claim could not, with due diligence, have been presented to prior commissioners of appraisal subsequently to the happening of the damage. In every case the payment of the amount agreed upon or determined or adjudged under and pursuant to this section shall be a continuing, complete, and conclusive bar to all claim of damage by anyone whomsoever to the property concerned or any part thereof due to the prosecution of the work.

NYC Admin. Code § 5-399 Appeal from the report of the commissioners.

§ 5-399 Appeal from the report of the commissioners. Within twenty days after notice of the confirmation, modification or rejection of the report of the commissioners, as provided for in section 5-391 of this subchapter, either party may appeal, by notice in writing to the other party, to the appellate division of the supreme court, from the order confirming, modifying or rejecting the report of the commissioners. Such appeal shall be heard on due notice thereof being given, according to the rules and practice of such court. On the hearing of such appeal, the court may affirm, modify or reverse the order of special term or it may direct a new appraisal and determination of any question passed upon, by the same or new commissioners, in its discretion, but from any determination of the appellate division, either party, if aggrieved, may take an appeal which shall be heard and determined by the court of appeals. If the amount of compensation to be made by the city is increased after a new trial, the difference shall be paid by the comptroller to the parties entitled to the same, or shall be deposited, as the court may direct; and if the amount is diminished, the difference shall be refunded to such city by the party to whom the same may have been paid, the judgment therefor may be rendered by the court, on the filing of a subsequent decision, against the party liable to pay the same. But the taking of an appeal by any person or persons shall not operate to stay the proceedings under this subchapter, except as to the particular parcel of real estate with which such appeal is concerned. Such appeal shall be heard upon the evidence taken before such commissioners, and any affidavits as to irregularities submitted to the court at special term, and three typewritten copies of such evidence shall be furnished by the city to the party taking the appeal within ten days after the appeal is perfected, and such appeals may be heard on the evidence so furnished, and such appeals may be taken without security thereon.

NYC Admin. Code § 5-401 Powers of the supreme court.

§ 5-401 Powers of the supreme court. The supreme court of the judicial district in which the real estate, or any part thereof, is situated, shall have power at any time to amend any defect or informality in any of the special proceedings authorized by this subchapter as may be necessary, or to cause other property to be included therein and to direct such further notice to be given to any party in interest as it deems proper, and also to appoint other commissioners in place of any who shall die, or refuse or neglect to serve, or be incapable of serving or be removed. Such court may at any time remove any of such commissioners of appraisal who, in its judgment, shall be incapable of serving or who shall for any reason in its judgment be an unfit person to serve as such commissioner. The cause of such removal shall be specified in the order making the same. If, in any particular, it shall, at any time, be found necessary to amend any pleading or proceeding, or to supply any defect therein, arising in the course of any special proceeding authorized by this subchapter, the same may be corrected or supplied in such manner as may be directed by the supreme court, which is hereby authorized to make such amendment or correction.

NYC Admin. Code § 5-402 Agreements as to compensation.

§ 5-402 Agreements as to compensation. The commissioner of environmental protection, subject to the approval of the board of estimate, may agree with the owners and persons interested in any real estate laid down on such maps as to the amount of compensation to be paid to such owners or persons interested for the taking or using and occupying such real estate. In case any such real estate shall be owned, occupied or enjoyed by the people of this state or by any county, town or school district within this state, such rights, titles, interests or properties may be paid for upon agreement respectively with the office of general services, who shall act for the people of the state, with a chairman and a majority in numbers of the board of supervisors of any county who shall act for such county, and with the supervisors and commissioner of highways, of any town who shall all act for such town, and with the trustees of any school district who shall act for such district. The office of general services shall have power to grant to the city any real estate belonging to the people of this state, which may be required for the purposes indicated in this subchapter, on such terms as may be agreed on between it and the commissioner of environmental protection, always, however, reserving and maintaining the rights of the people and riparian owners to go to the water at any point to which the same may be drawn. If any real estate of any county, town or school district is required by the city for the purposes of this subchapter the majority of the board of supervisors acting for such county, or the supervisors of any such town, with the commissioners of highway therein acting for such town, or the trustees of any school district acting for such district, may grant or surrender such real estate for such compensation as may be agreed upon between such officers respectively and the commissioner of environmental protection.

NYC Admin. Code § 5-403 Definitions; special provision concerning acquisition of real estate used for public purposes.

§ 5-403 Definitions; special provision concerning acquisition of real estate used for public purposes. The term real estate as used in this subchapter shall be construed to signify and embrace all uplands, lands under water, the waters of any lake, pond or stream, all water rights or privileges, and any and all easements and incorporated hereditaments and every estate, interest and right, legal and equitable, in land or water, including terms for years, and liens thereon by way of judgment, mortgages or otherwise, and also all claims for damage to such real estate. It shall also be construed to include all real estate (as the term is above defined) heretofore or hereafter required or used for railroad, highway or other public purposes, providing the persons or corporations owning such real estate or claiming interest therein, shall be allowed the perpetual use for such purposes of the same or of such other real estate to be acquired for the purposes of this subchapter as will afford practicable route or location for such railroad, highway or other public purpose, and in the case of a railroad, commensurate with and adapted to its needs; and provided also that such persons or corporations shall not directly or indirectly be subject to expense, loss or damage by reason of changing such route or location, but that such expense, loss or damage shall be borne by the city. In case any real estate so acquired, or used for public purposes, is sought to be taken or affected for the purposes of this subchapter there shall be designated upon the maps referred to in the previous sections of this subchapter, and there shall be described in the petition, hereinbefore referred to, such portion of the other real estate shown on such maps and described in such petition, as it is proposed to substitute in place of the real estate then used for such railroad, highway or other public purposes. Provided, that wherever the commissioner of environmental protection has heretofore located on any map filed in the office of the commissioners of appraisal, a substituted route for any railroad, the same shall not be subsequently changed without the assent of such company. The supreme court at the special term to which the petition is presented or at such other special term as the consideration thereof may be adjourned to, shall either approve the substituted route or refer the same back to the commissioner of environmental protection for alteration or amendment and may refer the same back, with such directions or suggestions as such court may deem advisable, and as often as necessary and until such commissioners shall determine such substituted route as may be approved by the court. An appeal from any order made by such court at special term, under the provisions of this section, may be taken by any person or corporation interested in and aggrieved thereby to the appellate division and court of appeals, and shall be heard as a non-enumerated motion. The commissioners of appraisal, hereinbefore referred to, in determining the compensation to be made to the persons or corporations owning such real estate, or claiming interest therein, shall include in the amount of such compensation such sum as shall be sufficient to defray the expenses of making such change of route and location and of building such railroad or highway. Such commissioners of appraisal shall suggest in their report, and the court in the order confirming such report shall determine, subject to review by the appellate division, what reasonable time after payment of the awards to such persons or corporations shall be sufficient within which to complete the work of making such change. Neither the city, nor the commissioner of environmental protection shall be entitled to take possession or interfere with the use of such real estate for the enumerated purposes, before the expiration of such time. Such time may be subsequently extended by the court (subject to review as aforesaid) upon a sufficient cause shown. After the expiration of this time so determined or extended no use shall be made of such real estate which shall cause pollution to the water in such reservoir or interfere with its flow.

NYC Admin. Code § 5-410 Compensation, fees, expenses and allowances.

§ 5-410 Compensation, fees, expenses and allowances. The commissioners of appraisal appointed in pursuance of this subchapter shall receive as compensation such fees and expenses as may be taxed by the court upon notice to the corporation counsel who shall also furnish them with the necessary clerks, stenographers, surveyors and other employees. The corporation counsel shall, either in person, or by such assistants or other counsel as he or she shall designate for the purpose, appear for and protect the interests of the city in all proceedings in court under this subchapter including the taxation of fees, compensation and expenses and proceedings before the commissioners. The fees of the commissioners and the salaries and compensation of their employees, and their necessary traveling expenses, and all other necessary expenses, in and about the special proceedings provided by this subchapter to be had for acquiring title or extinguishing claims for damages to real estate, and such allowances for counsel fees as may be made by order of the court shall be paid by the comptroller out of the funds provided therefor. Such fees and expenses shall not be paid until they have been taxed before a justice of the supreme court in the judicial district in which the lands or some part thereof are situated upon eight days' notice to the corporation counsel. Such allowances shall in no case exceed the limits prescribed by section eight thousand three hundred three of the civil practice law and rules. The salaries and compensation of the persons employed, as provided for in this subchapter, to prepare the necessary surveys, plans and estimates and for other purposes and to direct, supervise and inspect the work required to be done under the provisions of this subchapter, and such other expenses in and about the same as are not herein required to be under contracts let after completion, shall be paid by the comptroller on the certification of the commissioner of environmental protection or of such person or persons as the commissioner may designate. The compensation and expenses of such of the corporation counsel's assistants or other counsel as the corporation counsel may designate to represent and aid the commissioner in the performance of his or her duties under this subchapter shall also be paid out of the funds provided therefor, and upon the certificate of the corporation counsel who shall have power to appoint such assistants or other counsel, and to fix their compensation. The various sums of money growing due from time to time, under the terms of the several contracts, made for the doing of the work and furnishing the material required by this subchapter, shall be paid by the comptroller on the certification of the commissioner of environmental protection or such person or persons as the commissioner may from time to time designate.

NYC Admin. Code § 5-418 Where acquired real estate taxable.

§ 5-418 Where acquired real estate taxable. Real estate acquired under the provisions of this subchapter shall be taxable in the counties and taxation districts in which such real estate is situated.

NYC Admin. Code § 5-423 Damage to value of real property; businesses, and employees thereof.

§ 5-423 Damage to value of real property; businesses, and employees thereof. a. The owner of any real estate not taken by virtue of this subchapter and article fifteen of the environmental conservation law or of any established business on the first day of June, nineteen hundred five, except as hereinafter provided, and situate in the counties of Ulster, Albany or Greene, directly or indirectly decreased in value by reason of the acquiring of land by the city for an additional water supply or by reason of the execution of any plans for such additional water supply by the city under the provisions of this subchapter and article fifteen of the environmental conservation law, his or her heirs, assigns or personal representatives shall have a right to damages for such decrease in value. The owner of any real estate not taken by virtue of this subchapter or of any established business on the first day of December, nineteen hundred fourteen, except as hereinafter provided, situate in the counties of Ulster, Greene, Delaware or Schoharie, directly or indirectly decreased in value by reason of the acquisition, after the passage of this subchapter of land by the city for an additional water supply from the Schoharie watershed, or by reason of the execution of any plans for such additional water supply from such watershed, under the provisions of this subchapter, his or her assigns or personal representatives, shall have a right to damages for such decrease in value. The owner of any real estate, not taken, situate in any one or more of the counties of Ulster, Delaware, Orange or Sullivan, or of any established business, directly or indirectly decreased in value by reason of the execution of any plans for or by the acquisition of land by the city for a water supply from the Rondout and Delaware watersheds except that portion of the Delaware watershed of the west branch of the Delaware river within such counties, or any of them, and the owner of any real estate, not taken, situate in any one or more of such counties or situate in the corporate limits of the village of Deposit in the county of Broome existing on the first day of April, nineteen hundred fifty-nine, or of any established business, which business was established on or prior to the first day of April, nineteen hundred fifty-nine which is directly or indirectly decreased in value by reason of the execution of any plans for or by the acquisition of land by the city for a water supply from the watershed of the west branch of the Delaware river, pursuant to law, his or her or its assigns, or personal representatives in any such case shall have a right to damages for such decrease in value, from the time of the beginning of such decrease in value, provided, however, that in the case of an established business, the recovery of or award made to any claimant shall not include any business that may have resulted by reason of the execution of any plans for such water supply. The commissioner of environmental protection may agree with such person as to the amount of such damages, and if such agreement can not be made such damages, if any, shall be determined in the manner herein provided for the ascertaining and determining the value of real estate taken under the provisions of this subchapter, and the commissioners shall not be limited in the reception of evidence to the rules regulating the proof of direct damages. They may also recommend such sums, if any, as shall seem to them proper to be allowed to parties appearing in the proceeding, as expenses and disbursements, including reasonable compensation for witnesses. The amount of such damages so agreed upon as aforesaid or determined as aforesaid shall be payable and collectible in the same manner as is herein provided in the case of awards made through the confirmation of a report of commissioners of appraisal. b. A person employed in a manufacturing establishment, or in an established business, or upon any lands, and who is not an owner or part owner thereof or of any interest therein, in the counties of Ulster, Delaware, Orange and Sullivan, which manufacturing establishment, established business or lands is injured or destroyed because of the acquisition by the city of an additional water supply from any watershed within such counties, except the watershed tributary to the west branch of the Delaware river, or which lands are taken or acquired for like purpose by the city and a person who was employed in a manufacturing establishment or in an established business or upon any lands within such counties or in the corporate limits of the village of Deposit in the county of Broome and who is not an owner or part owner thereof or of any interest therein, which manufacturing establishment or established business or lands is injured or destroyed because of an acquisition by the city of an additional water supply from the watershed of the west branch of the Delaware river, or which lands are taken or acquired for like purpose by the city, and who in any such case has been so employed continuously for six months prior to, and who continues in such employment up to the time of such injury, destruction, taking or acquisition, shall have a claim for damages against the city equal to the salary paid such employee for the six months immediately preceding such injury, destruction, taking or acquisition. Such damages may be determined by agreement with the commissioner of environmental protection. In case such agreement can not be made such employee may maintain an action against the city in the supreme court to recover such damages, not, however, to exceed the sum of wages paid the employee for the six months preceding such injury, destruction, taking or acquisition.

NYC Admin. Code § 5-424 Certain acts not to be affected.

§ 5-424 Certain acts not to be affected. This subchapter shall not be construed to repeal, affect or modify chapter nine hundred forty-two of the laws of eighteen hundred ninety-six, nor chapter seven hundred fifty-two of the laws of nineteen hundred four.

NYC Admin. Code § 5-426 Approval of maps and plans by the New York state department of environmental conservation.

§ 5-426 Approval of maps and plans by the New York state department of environmental conservation. The city shall have no power to acquire, take or condemn lands under this subchapter unless maps and plans covering the work contemplated by this subchapter shall have been submitted to and approved by the New York state department of environmental conservation or any of its predecessors. All amendments or modification of such maps and plans thereafter made shall be in like manner submitted to and approved by such department, and when so approved, shall have the same force and effect as the original plans filed therewith.

NYC Admin. Code § 5-429 Former board of water supply.

§ 5-429 Former board of water supply. Any reference to the former board of water supply occurring in any law, code, contract or document shall be deemed to refer to and mean the commissioner of environmental protection.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-2502Fetched: 10/24/2026