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21 A.D. 348

Citation
21 A.D. 348
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,695 chars
espect of such other buildings so unfit for human . habitation that the evils in, or caused by, said building cannot be remedied by repairs or in any other way except by destruction of said building or a portion of the same,” the board was authorized to condemn the building and order it to be removed. It provided, however, that, upon such condemnation being made, the owner might demand a survey of the building in the manner provided for in the case of unsafe buildings. The proceedings for condemnation were to be taken by the board of health, and were to be proceeded with in the manner prescribed by the general law. The statute provided that, upon the institution of the proceedings, the owner, or any person interested in the building,- might dispute the necessity of the • destruction of the building or any part thereof, and, in that case, the court was not authorized to appoint commissioners unless proof was made of the necessity of such destruction.
The foregoing is all that need be recited of the statute at present. It is quite clear that the object of this statute was to provide a summary way in which any nuisance in a building, as the result of _ _ ■ : : ' which the building was dangerous to the health of its occupants or any other persons, might be summarily abated, and- to provide further a way in which the existence of the nuisance should .be adjudged, and the necessity' of the destruction of the property upon which the nuisance existed might be decreed. When that .had been-done, the object of the statute was further to provide for the fixing of the compensation to which the owner of the building would be entitled, if its destruction was found to be necessary.