Annual Report, Volume 2; Volume 36, Part 2

Front Cover
New York State Department of Health., 1916 - New York (State)
Vols. for 1949- issued in 2 vols: New York's health; and statistical part.
 

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Page 742 - ... may be determined by a special proceeding in the supreme court or the county court of the county in which the property is situated. Such special proceedings shall be commenced by petition and notice to be served by such owner upon the municipality or corporation in the same maner as for the commencement of condemnation proceedings.
Page 742 - ... and pay to the owner thereof all damages occasioned by such removal. When the execution of any such regulation will injuriously affect any property the municipality or corporation owning the water works benefited thereby shall make just and adequate compensation for the property so taken or injured and for all injuries caused to the legitimate use or operation of such property. Until such construction or change of such system or systems of sewerage, and the providing of such means of removal...
Page 742 - The owner of any building the removal of which is occasioned or required, or which has been removed by any rule or regulation of the State Board of Health made under the provisions of this article, and all persons whose rights of property are injuriously affected by the enforcement of any such rule or regulation, shall have a cause of action against the municipality or corporation owning the water works benefited by the enforcement of such rule or regulation, for all damages occasioned or sustained...
Page 742 - Such special proceedings shall be commenced by petition and notice to be served by such owner upon the municipality or corporation in the same manner as for the commencement of condemnation proceedings. Such municipality or corporation may make and serve an answer to such petition as in condemnation proceedings. The petition and answer shall set forth the claims of the respective parties, and the provisions of the condemnation law shall be applicable to the subsequent proceedings upon the petition...
Page 742 - ... or means of sewage disposal and the removal of any building are so made by the municipality or corporation owning the water works to be benefited...
Page 742 - ... or corporation against any person or corporation for the violation of any regulation of the state department of health under this article, and no person or corporation shall be considered to have violated or refused to obey any such rule or regulation. The owner of any building the removal of which is occasioned or required, or which has been removed by any rule or regulation of the state department of health...

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