§ 233.51. Proceedings upon presentation of petition.

1.

Proceedings pursuant to the provisions of this title are declared to be in rem. Any and all persons having or claiming an interest in the real property described in the petition or shown on the map or maps may answer the petition, but for the purpose of the petition and pleadings in the proceeding, the Board of Acquisition and Contract shall have full and final discretion to determine the nature, necessity and extent of the rights to be acquired or extinguished in any real property, subject to the limitation that real property can be taken only for a public purpose. The answer shall be in the usual form of a pleading and shall contain the following facts:

a.

The legal status and address of such person;

b.

The nature and extent of the right or interest of such person in the real property;

c.

A concise description of the real property sufficient to identify it, or a reference to the condemnation map previously filed sufficient to identify the real property;

d.

A concise statement of the basis for any claim made by the person answering with a brief recital of the facts which are claimed to be material;

e.

A general or specific denial of each material allegation of the petition controverted by him, or a denial of any knowledge or information thereof sufficient to form a belief;

f.

A statement of any new matter constituting a defense to the proceeding;

2.

The court shall determine any issue raised by the petition and answer in such a manner as may be appropriate.

3.

Whenever an answer is interposed it must be filed in the office of the County Clerk and a copy thereof served upon the County Attorney at least three days before the return day of the petition, or such day as fixed by stipulation or order of the court. The petitioner may move for, or demand, as provided by the Civil Practice Act, a bill of particulars in respect to any answer or part thereof and this provision shall be liberally construed.

(§ 105 of the Laws of 1948, Ch. 852)