State Codes and Statutes

Statutes > New-york > Edp > Article-5 > 505

§  505.  Proof  of title; conflicting claims. (A) Each condemnor shall  receive proof of title to property acquired together with proof of liens  or encumbrances thereon, prior to trial.    (B) Where a condemnor disputes a condemnee's title or a right  to  all  or a portion of an award or a prospective award by reason of conflicting  claims  of  title,  or  if  there  is uncertainty as to how such payment  should be apportioned, the  court,  upon  motion  of  any  party,  shall  interplead  anyone  claiming or imputed to have such a conflicting claim  or interest. A party so interpleaded shall be served with the  order  of  interpleader  in  a  manner  ordered  by  the  court.    In  the case of  acquisitions under the jurisdiction of the court of claims, a  party  so  served  and  not  otherwise barred from filing a claim shall, within one  hundred twenty days from the date of service, file a claim independently  of the claim to which he has been a party.  If  the  party  interpleaded  fails  to  file  a claim independently of the claim to which he has been  made a party, he may not thereafter file such an independent claim.    (C) The court shall determine the compensation due the  condemnees  as  well  as the respective interests and rights of all parties to the award  and the apportionment thereof. The  court  shall  have  jurisdiction  to  determine  all  questions  relating  to  title and priority of interests  incident to the acquisition.

State Codes and Statutes

Statutes > New-york > Edp > Article-5 > 505

§  505.  Proof  of title; conflicting claims. (A) Each condemnor shall  receive proof of title to property acquired together with proof of liens  or encumbrances thereon, prior to trial.    (B) Where a condemnor disputes a condemnee's title or a right  to  all  or a portion of an award or a prospective award by reason of conflicting  claims  of  title,  or  if  there  is uncertainty as to how such payment  should be apportioned, the  court,  upon  motion  of  any  party,  shall  interplead  anyone  claiming or imputed to have such a conflicting claim  or interest. A party so interpleaded shall be served with the  order  of  interpleader  in  a  manner  ordered  by  the  court.    In  the case of  acquisitions under the jurisdiction of the court of claims, a  party  so  served  and  not  otherwise barred from filing a claim shall, within one  hundred twenty days from the date of service, file a claim independently  of the claim to which he has been a party.  If  the  party  interpleaded  fails  to  file  a claim independently of the claim to which he has been  made a party, he may not thereafter file such an independent claim.    (C) The court shall determine the compensation due the  condemnees  as  well  as the respective interests and rights of all parties to the award  and the apportionment thereof. The  court  shall  have  jurisdiction  to  determine  all  questions  relating  to  title and priority of interests  incident to the acquisition.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edp > Article-5 > 505

§  505.  Proof  of title; conflicting claims. (A) Each condemnor shall  receive proof of title to property acquired together with proof of liens  or encumbrances thereon, prior to trial.    (B) Where a condemnor disputes a condemnee's title or a right  to  all  or a portion of an award or a prospective award by reason of conflicting  claims  of  title,  or  if  there  is uncertainty as to how such payment  should be apportioned, the  court,  upon  motion  of  any  party,  shall  interplead  anyone  claiming or imputed to have such a conflicting claim  or interest. A party so interpleaded shall be served with the  order  of  interpleader  in  a  manner  ordered  by  the  court.    In  the case of  acquisitions under the jurisdiction of the court of claims, a  party  so  served  and  not  otherwise barred from filing a claim shall, within one  hundred twenty days from the date of service, file a claim independently  of the claim to which he has been a party.  If  the  party  interpleaded  fails  to  file  a claim independently of the claim to which he has been  made a party, he may not thereafter file such an independent claim.    (C) The court shall determine the compensation due the  condemnees  as  well  as the respective interests and rights of all parties to the award  and the apportionment thereof. The  court  shall  have  jurisdiction  to  determine  all  questions  relating  to  title and priority of interests  incident to the acquisition.