§ 6-6. Purchase of land by city in lieu of condemnation.

The commissioner of public works may, when duly authorized by the common council, serve upon the owner or owners or persons interested in any property sought to be acquired who are not under any legal disability to convey title to real property, at any time before the service of said petition, an offer in writing to purchase at a specified price said property, and said offer must be filed in the office of the Clerk of Onondaga County within ten (10) days thereafter; and said offer cannot be given in evidence before said commissioners of condemnation or considered by them. The said owner or owners or parties interested in the property sought to be acquired may at the presentation of said petition to the court or at any time prior thereto serve notice in writing on the commissioner of public works accepting said offer. If said offer is so accepted the common council shall direct, subject to the approval of the board of estimate and apportionment, the commissioner of public works to acquire the land, for which said offer was made and accepted, by deed conveying a good marketable title thereto, which title and the form and substance and manner of execution of such deed shall be approved by the corporation counsel, and the comptroller shall be directed, upon the delivery of said deed so approved, to issue a warrant to said owner or owners or parties interested in said property in the amount named in said offer and acceptance, and to charge the amount thereof to the cost of the improvement for which said property or interest was acquired, and said amount shall be added to and included in the assessment against the property benefited by said improvement, or otherwise paid as herein provided.

If said offer is not so accepted and the compensation awarded by said commissioners of condemnation for the property or interest for which said offer was made does not exceed the amount of said offer the owner or owners or parties interested in the property for which said offer was made shall not be allowed any costs or disbursements in said proceeding.

(N.Y. Laws 1914, Ch. 300, § 6; N.Y. Laws 1943, Ch. 76, Pt. 3, § 962)