58 - Order granting application to condemn.
§ 58. Order granting application to condemn. At the time and place mentioned in such notice, unless the court shall adjourn such application to a subsequent date, and in that event at the time to which it may be adjourned, the court, upon due proof to its satisfaction of the publication aforesaid and upon filing the petition, shall enter an order granting the application, which order shall be filed in the office of the clerk of the county in which the property to be acquired is situated. The corporation counsel shall cause to be published in two public newspapers published in the city twice a week for two weeks a notice containing a general description of the property to be acquired or affected and requiring every owner of or person in any way interested in any property taken or extinguished in such proceeding to file with the clerk of the court of the county in which such property is situated, on or before a date specified in the notice, a written claim or demand duly verified in the manner provided by law for the verification of pleadings in an action, setting forth the property owned by the claimant and his post office address, together with an inventory or itemized statement of the fixtures, if any, for which compensation is claimed. In case such claim or demand for compensation in respect of any fixtures is made by a lessee or tenant of the real property to be acquired, a copy of such verified claim or demand, together with such inventory or itemized statement, shall be served upon the owner of such real property or his attorney. The claimant or his attorney shall at the same time serve on the corporation counsel a copy of such verified claim. The proof of title to the property to be acquired or extinguished in all cases where it is undisputed, together with proof of liens or encumbrances thereon, shall be submitted by the claimant to the corporation counsel or to such assistant as he shall designate. Such corporation counsel shall serve on all parties or their attorneys who have served on him verified claims a notice of the time and place at which he will receive such proof of title. In all cases where the title of the claimant is disputed, it shall be the duty of the court to determine the ownership of such property upon the proof submitted to the court during the trial of the proceeding. The court shall also have power to determine all questions of title incident to the trial of the proceeding. After all parties who have filed verified claims as herein provided have proved their title or have failed to do so after being notified by the corporation counsel of the time and place when and where such proof of title would be received by him, the corporation counsel shall serve upon all parties or their attorneys who have appeared in the proceeding a notice of trial thereof and file a notice of issue with the clerk of the court of the county in which the trial is to be had. The trial shall be had in such county within the judicial district in which the property affected by the proceeding is situated as the corporation counsel shall designate in the notice of trial. The notice of trial shall be served at least ten days before, and the note of issue shall be filed at least eight days before the date for which the same is noticed for trial. The note of issue shall briefly state the title of the proceeding, the date and place of the entry of the order granting the application to condemn, the names and addresses of the parties who have filed claims, the names and addresses of their respective attorneys, and a brief statement as to the extent of the property to be acquired. The clerk of the court must thereupon enter the proceeding upon the proper calendar according to the date of the entry of the order granting the application to condemn. When notice of trial has been served and note of issue filed, the proceeding must remain on the calendar until finally disposed of. It shall be the duty of the justice trying any such proceeding to view the property to be thereby acquired or extinguishedand if he shall deem a view of the property in the vicinity of the property to be acquired or extinguished necessary or useful, he shall make such view. Where title to real property being acquired in a proceeding shall have been vested in the city, and buildings or improvements situated thereon shall have been removed or destroyed by the city or the board of transportation or pursuant to the authority of either the city or the board prior to the trial of the proceeding, and thereby the justice trying the proceeding is deprived of a view of the buildings or improvements so removed or destroyed, the fact that the justice did not have a view thereof shall not preclude the court from receiving on the trial of the proceeding testimony and evidence as to the damage sustained by the claimant by reason of the taking thereof when offered on behalf of either the claimant or the city.