§ 6-2. Survey and map of land to be taken; ordinance describing land; duties of commissioner of public works and corporation counsel with reference to proceeding to acquire title; service of petition to acquire title; answer to petition; appointment, oath, function, etc. of commissioners of condemnation; judicial confirmation of commissioners' report; determination of compensation for property owner; appeals.

Whenever the common council shall determine to make any such improvement it shall cause the city engineer to make a survey and furnish to it a description of the lands and premises deemed necessary therefor, as well as all additional lands and property proposed to be taken by the city at its option, or in case of a proposed change of grade a profile map showing the change therein deemed by him advisable, and for that purpose the members of the common council and said engineer and his subordinates shall have authority to enter upon any lands in said city. The common council shall then by ordinance describe the lands and premises proposed to be taken and appropriated for such improvement, or otherwise acquired as herein provided, or the grade to be established and declare its intention to take and appropriate or to establish the same. It shall be the duty of the commissioner of public works in the name of said city to immediately institute a proceeding to acquire title for the use of the public to the lands and premises therein described and to determine the damage resulting therefrom. It shall be the duty of the corporation counsel as the law officer of said city to take charge of and direct the conduct of said proceedings on behalf of said city. He shall cause application to be made to the proper court for the appointment of said commissioners of condemnation by petition duly verified by the commissioner of public works according to the practice of the court, which petition shall contain a description of the lands sought to be taken or which may be injured, as well as all lands the city may acquire at its option, the names of the parties to whom such lands are assessed on the last annual tax rolls of the city and the purpose for which said lands are sought to be acquired, and nothing further shall be required to be set forth in said petition. Said petition and a notice of the time and place where said petition shall be presented, shall be served upon the owners or persons interested in the lands sought in the following manner:

First. By leaving the same at the residence of the parties named in said petition in the city of Syracuse at least fourteen (14) days before the time when the same is to be presented to the court; or

Second. By the publication in the official paper or papers of the city of a copy of the ordinance directing the acquisition of said lands, together with a notice of the presentment of a petition in such manner to the court, daily, except Sundays, for a period of at least eight (8) days prior to the date in said notice fixed for the presentment of said petition. Upon the day named in the petition for the presentation thereof any person named therein as an owner of the lands or interested therein may file an answer denying any material allegation of the petition or may demur thereto. The court shall thereupon try the issue thus made and decide the same. If no answer or demurrer to the petition is filed, or if the issue upon an answer or demurrer is decided against the person filing the same, the court shall appoint three (3) disinterested freeholders of the city of Syracuse commissioners of condemnation to ascertain, determine and report the just compensation to be paid to the owners and parties interested in the lands for taking the same or for the injury thereto, and to ascertain and report separately the amount to be paid for the lands and property to be used in making the proposed improvement, and for the additional lands and property that the city of Syracuse may at its option acquire, and shall name the time and place of the first hearing before said commissioners. The persons so appointed shall be subject to the right of challenge on the grounds of interest, incapacity or disqualification, to be exercised by the corporation counsel or by any person having an interest in said proceedings and if any of them be rejected for good cause, or refuse to serve, then another shall be appointed in his stead by the court. At least eight (8) days' notice of the appointment of such commissioners shall be published in the official papers of said city and the corporation counsel shall cause such notice to be served by mail or otherwise upon such parties or other persons as have filed a notice of appearance in the proceeding with him. Such notice shall specify the names of the persons appointed as commissioners and appoint a day when the parties may be heard by said county court or special term of the supreme court as to the qualifications of the said commissioners. The persons named as commissioners shall attend at the time and place appointed and may be examined under oath as to their qualifications to act. Any ground of challenge which would disqualify a judge or trial juror shall be applicable to them and any challenge must be tried and determined by the court in the mode prescribed by law in respect to the challenge of trial jurors. Where a challenge is sustained and a new commissioner is appointed he shall be subject to challenge in the same way, to be heard and determined by the court at such time as the court may direct without further notice. No other or further notice of the application for or the appointment of such commissioners shall be required to be served upon any person. The commissioners shall meet at such time and place, and having first taken an oath to faithfully discharge their duties as commissioners of condemnation, and to ascertain, determine and report the just compensation to be paid to the owners of and parties interested in the lands for taking the same or for injury thereto, to the best of their ability, they shall view the lands sought to be taken or claimed to be injured. On filing the oaths of said commissioners in the office of the Clerk of Onondaga County there shall best in the city of Syracuse title in fee simple, or such qualified fee as may be sought, in and to the real estate described in the petition. The commissioners shall have the power to issue subpoenas to compel the attendance of witnesses, to administer oaths to witnesses, and to adjourn from time to time. They shall hear the proofs and allegations of the parties and report the evidence taken before them, together with their decisions of the amount of compensation to be paid to the owners and parties interested in the lands sought to be taken, or if the lands are not taken, the amount to be paid for injury thereto and shall designate to whom such compensation shall be paid and in what sums according to their respective interests. Upon such report being filed any party interested may move upon eight (8) days' notice being given to all parties who may have appeared in said proceeding by counsel for confirmation thereof, and it shall be confirmed. Such notice may be given either by eight (8) days' notice in writing to the attorneys who have appeared, in such proceeding, for the owners of lands taken or injured or by publishing a notice daily in the official city paper or papers, for eight (8) days, except Sunday, that the report of said commissioners will be presented to the court for confirmation at a time and place therein specified, at least ten (10) days after the last day of said publication. The court shall fix the amount of damages, costs and expenses allowed by law to be allowed the landowner and the petitioner, and shall order the same to be paid by the city of Syracuse within ninety (90) days from the entry of the order confirming said report. Upon payment by the city of the amount determined in said report and to the parties entitled thereto, as to the amount of damages to land not sought to be acquired, all claims for damages to the property claimed to be injured shall be extinguished. Either party may appeal from the report of the commissioners of condemnation, and the order of the special term confirming such report of said commissioners to the appellate division of the supreme court. Upon such appeal said court shall examine the proceedings before the commissioners of condemnation and may affirm or modify the order of the special term and report of said commissioners, or reverse the same and remit the proceedings to the same commissioners or to new commissioners to be appointed by the special term and their report shall be final.

(N.Y. Laws 1914, Ch. 300, § 2; N.Y. Laws 1918, Ch. 448, § 2; N.Y. Laws 1921, Ch. 69, § 1)