The city by resolution of the Council shall have power to acquire
real property, or any interest therein for any city purpose, by purchase
or by condemnation.
The Council shall by resolution prescribe the manner in which
all applications for the purchase or condemnation of real property,
or any interest therein, for public purposes shall be made to it by
any board or officer, and by what maps and other documents such application
shall be accompanied. The Department of Public Works, and its agents,
engineers, surveyors and such other persons as it may deem necessary
to enable it to perform its duties under this Charter, are hereby
authorized to enter upon any land or water for the purpose of making
examinations or surveys and preparing maps for the purposes provided
in this Article.
If in any case the Council is unable to agree with the owner
or owners or other persons having an interest in the real property,
the acquisition of which is deemed by the Council to be necessary
for any city purpose, or when by reason of legal incapacity or absence
of such owner, owners or other persons having an interest in the real
property no agreement can be made for the purchase of such real property
or interest therein, the Council may by resolution declare its intention
to acquire the same by condemnation proceedings, and the real property
or interest therein so declared to be necessary for any city purpose
shall be acquired by condemnation proceedings instituted by the city
in the manner provided by the Civil Practice Law and Rules for the
condemnation of real property.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
If the Council by resolution so declares, the title to the real
property or interest thereon to be acquired for public purposes by
condemnation shall pass to the city upon the qualification of the
commissioners appointed to condemn the same, and the city may thereupon
enter and take possession of such property. Whenever title is thus
vested in the city, the commissioners shall add interest to the awards
at the rate of 4% per annum from the date of their qualification to
the date of the awards.
In case of neglect or default in the payment of the sum or sums
of money awarded by the commissioners within four months after the
confirmation of their report, the person or persons to whom the awards
have been made may bring an action against the City of New Rochelle
to recover the same with interest.
