State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 174

§  174. Proceedings if property owners do not consent.  If the consent  of property owners required by any provision of this article can not  be  obtained,  the  corporation failing to obtain such consents may apply to  the appellate division of the supreme court held in  the  department  in  which  it is proposed to construct its road for the appointment of three  commissioners to determine whether such railroad ought to be constructed  and operated. Notice of such application must, at least ten  days  prior  thereto,  be  served, personally, upon each nonconsenting property owner  by delivering the same to the person to whom such property  is  assessed  upon  such  assessment-roll or by duly mailing the same, properly folded  and directed, to such property owner at his post-office address with the  postage prepaid thereon. If the person upon whom service is to  be  made  is unknown, or his residence and post-office address are unknown and can  not  by  reasonable diligence be ascertained, service of such notice may  be made by publishing the same in such newspaper of the  county  as  the  court  may  direct,  at least once a week for two successive weeks. Upon  due proof of service of such notice the court to which  the  application  is  made  shall  appoint  three  disinterested persons, who shall act as  commissioners, and who shall, within ten days after  their  appointment,  cause  public  notice  to  be given of their first meeting in the manner  directed by the court, and may adjourn from  time  to  time,  until  all  their business is completed.  Vacancies may be filled by the court after  such notice to parties interested as it may deem proper to be given; and  the  evidence taken before as well as after the happening of the vacancy  shall be deemed to be properly before such commissioners. After a public  hearing of all parties interested,  the  commissioners  shall  determine  whether  such  railroad  ought to be constructed and operated, and shall  make a  report  thereon,  together  with  the  evidence  taken,  to  the  appellate  division,  within  sixty  days  after appointment, unless the  court, or a judge thereof, for good cause shown, shall extend such time;  and their determination that such  road  ought  to  be  constructed  and  operated, confirmed by such court, shall be taken in lieu of the consent  of  the  property  owners hereinbefore required. The commissioners shall  each receive ten dollars for each day spent in the performance of  their  duties  and  their  necessary expenses and disbursements, which shall be  paid by the corporation applying for their appointment.

State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 174

§  174. Proceedings if property owners do not consent.  If the consent  of property owners required by any provision of this article can not  be  obtained,  the  corporation failing to obtain such consents may apply to  the appellate division of the supreme court held in  the  department  in  which  it is proposed to construct its road for the appointment of three  commissioners to determine whether such railroad ought to be constructed  and operated. Notice of such application must, at least ten  days  prior  thereto,  be  served, personally, upon each nonconsenting property owner  by delivering the same to the person to whom such property  is  assessed  upon  such  assessment-roll or by duly mailing the same, properly folded  and directed, to such property owner at his post-office address with the  postage prepaid thereon. If the person upon whom service is to  be  made  is unknown, or his residence and post-office address are unknown and can  not  by  reasonable diligence be ascertained, service of such notice may  be made by publishing the same in such newspaper of the  county  as  the  court  may  direct,  at least once a week for two successive weeks. Upon  due proof of service of such notice the court to which  the  application  is  made  shall  appoint  three  disinterested persons, who shall act as  commissioners, and who shall, within ten days after  their  appointment,  cause  public  notice  to  be given of their first meeting in the manner  directed by the court, and may adjourn from  time  to  time,  until  all  their business is completed.  Vacancies may be filled by the court after  such notice to parties interested as it may deem proper to be given; and  the  evidence taken before as well as after the happening of the vacancy  shall be deemed to be properly before such commissioners. After a public  hearing of all parties interested,  the  commissioners  shall  determine  whether  such  railroad  ought to be constructed and operated, and shall  make a  report  thereon,  together  with  the  evidence  taken,  to  the  appellate  division,  within  sixty  days  after appointment, unless the  court, or a judge thereof, for good cause shown, shall extend such time;  and their determination that such  road  ought  to  be  constructed  and  operated, confirmed by such court, shall be taken in lieu of the consent  of  the  property  owners hereinbefore required. The commissioners shall  each receive ten dollars for each day spent in the performance of  their  duties  and  their  necessary expenses and disbursements, which shall be  paid by the corporation applying for their appointment.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 174

§  174. Proceedings if property owners do not consent.  If the consent  of property owners required by any provision of this article can not  be  obtained,  the  corporation failing to obtain such consents may apply to  the appellate division of the supreme court held in  the  department  in  which  it is proposed to construct its road for the appointment of three  commissioners to determine whether such railroad ought to be constructed  and operated. Notice of such application must, at least ten  days  prior  thereto,  be  served, personally, upon each nonconsenting property owner  by delivering the same to the person to whom such property  is  assessed  upon  such  assessment-roll or by duly mailing the same, properly folded  and directed, to such property owner at his post-office address with the  postage prepaid thereon. If the person upon whom service is to  be  made  is unknown, or his residence and post-office address are unknown and can  not  by  reasonable diligence be ascertained, service of such notice may  be made by publishing the same in such newspaper of the  county  as  the  court  may  direct,  at least once a week for two successive weeks. Upon  due proof of service of such notice the court to which  the  application  is  made  shall  appoint  three  disinterested persons, who shall act as  commissioners, and who shall, within ten days after  their  appointment,  cause  public  notice  to  be given of their first meeting in the manner  directed by the court, and may adjourn from  time  to  time,  until  all  their business is completed.  Vacancies may be filled by the court after  such notice to parties interested as it may deem proper to be given; and  the  evidence taken before as well as after the happening of the vacancy  shall be deemed to be properly before such commissioners. After a public  hearing of all parties interested,  the  commissioners  shall  determine  whether  such  railroad  ought to be constructed and operated, and shall  make a  report  thereon,  together  with  the  evidence  taken,  to  the  appellate  division,  within  sixty  days  after appointment, unless the  court, or a judge thereof, for good cause shown, shall extend such time;  and their determination that such  road  ought  to  be  constructed  and  operated, confirmed by such court, shall be taken in lieu of the consent  of  the  property  owners hereinbefore required. The commissioners shall  each receive ten dollars for each day spent in the performance of  their  duties  and  their  necessary expenses and disbursements, which shall be  paid by the corporation applying for their appointment.