GENERAL ADMINISTRATIVE CONTROL OF PARKS 



445 



estate to be acquired for the purposes of this Act as 

 will afford practical route or location for such railroad, 

 highway or other public utility purpose and commen- 

 surate with and adapted to its needs and provided also 

 that such persons or corporations shall not directly or 

 indirectly be subject to expense, loss or damage by 

 reason of change in such route or location, but such 

 expense, loss or damage shall be borne in like manner 

 as the expenses incurred in carrying out the provisions 

 of this Act. In case an existing public highway under 

 the jurisdiction and control of any municipality within 

 the county is required for an approach or means of 

 access to lands heretofore taken or hereafter to be 

 acquired by the county of Westchester acting by and 

 through its park commission, said municipality having 

 the jurisdiction and control of said existing highway 

 may dedicate it to the county of Westchester for the 

 purpose of its park commission, as and for an approach 

 or access, and the county of Westchester is authorized to 

 accept the same as a part of its park system upon such 

 terms and conditions as may be agreed to by the said 

 municipality and the county of Westchester through its 

 park commission. 



6. If the said park commission shall be unable to 

 agree with the owner or owners of or other persons 

 having an interest in real estate shown on said map or 

 maps so filed with the county clerk as aforesaid, or when 

 by reason of legal incapacity, absence or inability of 

 said park commission or its representatives to meet with 

 or consider the question of the compensation to be paid 

 to such owner or owners or other persons and no agree- 

 ment can be made for the purchase of said real estate 

 so deemed necessary for the purposes of this Act, the 

 same shall be acquired by condemnation proceedings 

 instituted by the park commission in the name of the 

 county of Westchester in the manner provided by law 

 for the condemnation of real property for public pur- 

 poses, except as in this Act otherwise provided. In case 

 commissioners to ascertain the compensation to be made 

 to the owners of property to be taken in proceedings for 

 the condemnation of real estate shall be appointed, the 

 county of Westchester shall on the filing of the oaths 

 of said commissioners in the office of the county clerk 

 of the county of Westchester be and become seized of 

 all those parcels of real estate described in the petition 

 and which are on the map or maps shown as parcels 

 that the fee or an easement therein is to be acquired 

 in the proceeding in which said commissioners were 

 appointed and the said park commission on behalf of 

 the said county may immediately or at any time or 

 times thereafter take possession of the same, or of any 

 part or parts thereof and the said park commission, or 

 any person acting under its authority may enter upon 

 and occupy in perpetuity all the parcels of real estate 

 described in such petition and shown on said map or 

 maps wherein the fee is sought to be acquired and may 

 enter upon, through or under such parcels so shown 



on said map or maps in which a lesser estate or an ease- 

 ment is to be acquired for the purposes as in this Act 

 provided. In any such proceeding any municipal cor- 

 poration may and it hereby is authorized by its govern- 

 ing body to consent to the taking of such property for 

 a nominal consideration. The order confirming the 

 report of such commissioners shall provide for interest 

 on the awards from the date of the filing of the oaths 

 of the commissioners and shall state the amount of 

 costs and allowances, if any, to be paid. A copy of such 

 report shall be filed with the park commission which 

 shall within four months thereafter, or if appealed from, 

 when within four months after the filing with the said 

 commission of a copy of any final order or judgment 

 entered on such appeal, authorize the approval of claims 

 therefor, which claims shall be filed with the comptroller 

 for payment by the county treasurer after audit by him 

 out of moneys made available as in this Act provided. 

 The commission at the time of authorizing the approval 

 of such claims shall fix a date for payment, provide for 

 interest on such claims to such date and give written 

 notice to the party or parties to whom the award is 

 payable, or to their attorney or attorneys, that the 

 award with interest will be paid at a place certain on a 

 given date and thereafter no interest shall be due or 

 payable on account of such award. A complete state- 

 ment as to the proceeding, parcel number, date of the 

 order and such other information as may be necessary 

 shall be set forth on each of such claims filed as afore- 

 said. All such drafts drawn as aforesaid shall be turned 

 over by the comptroller to the park commission for 

 delivery to the claimants upon receipt of the proper 

 instruments therefor. Claims for awards to unknown 

 owners, absentees, those under legal disability and those 

 uncertain as to whom to be paid shall be verified by 

 the president of the board of commissioners and the 

 warrant for same shall be turned over to the county 

 treasurer to be deposited by him, subject to the further 

 order of the Supreme Court of Westchester County. 

 In case of neglect or default in the payment of the same 

 within the time aforesaid, the respective person or per- 

 sons or bodies incorporate in whose favor the same 

 shall be reported, his, her, or their executors, adminis- 

 trators or successors at any time or times after applica- 

 tion first made by him, her or them to the treasurer of 

 the county of Westchester for payment thereof may sue 

 for and recover the same with lawful interest as afore- 

 said and the costs of suit in any proper form of action 

 against the county of Westchester in any court having 

 cognizance thereof and in such action it shall be suffi- 

 cient to declare generally for so much money due to the 

 plaintiff by virtue of this act for real estate taken or 

 acquired for the purposes herein mentioned. The order 

 confirming the report of said commissioners with proof 

 of the right and title of the plaintiff and plaintiffs to 

 the sum or sums demanded shall be conclusive evidence 

 in such suit or action. 



