N.Y. CNT Law § 828 — New York Code / Act CNT / Article 23 / Section 828
Highway construction by local assessment in certain counties
Status: in_force

§ 828. Highway construction by local assessment in certain counties.\nThe governing body of any county containing a population of less than\ntwo hundred thousand and adjoining a city of the first class may\nauthorize the establishment of a plan for the grades of streets, avenues\nand boulevards; the alteration of such plan of grades, or any plan\nthereof, which shall have been established by law; the laying out,\nopening, grading, construction, closing and change of line, or of the\nwidth of any one or more of such streets, avenues and boulevards or any\nother streets, avenues and boulevards, within said county, or any part\nor parts thereof, and of the courtyards, sidewalks and roadways; to\nprovide for the estimation and award of the damages to be sustained, and\nfor the assessment on property intended to be benefited thereby, and\nfixing assessment districts therefor, the levying, collection and\npayment of such damages, and of all other charges and expenses to be\nincurred, or which may be necessary in carrying out the provisions of\nthis section; the laying out of new or additional streets, avenues or\nboulevards according to a general scheme or plan for the improvement of\nhighways in said town, the acceptance by town officers of conveyances of\nland for public highways, naming and changing of names of streets and\navenues within the said county, the opening, laying out, grading,\nconstruction, closing and change of line of any street, avenue or\nboulevard within the county, provided, however, that nothing shall be\ndone hereunder in respect to or concerning any street, avenue or\nboulevard situated within an incorporated village, without the consent\nof the board of trustees of such incorporated village. The provisions,\nhowever, for the defraying of expenses thereof by assessment as herein\nprovided, shall only be exercised on the petition of the property owners\nwho own more than one-half of the frontage on any such street, avenue or\nboulevard, or on the certificate of the supervisor, justices of the\npeace, and town clerk of the town in which said street, avenue or\nboulevard is located, or two-thirds of such officers, that the same is\nin their judgment proper and necessary for the public interest; or in\ncase the said street, avenue, or boulevard, in respect to which such\naction is proposed to be taken, shall lie in two or more towns, on a\nlike certificate of such town officers of each of said towns, or\ntwo-thirds of all of them; provided, however, that before proceeding to\nmake any such certificate, the said officers, or such number of them as\naforesaid, shall give ten days' notice by publication in one of the\nweekly papers of said county and by posting in six public places in said\ntown, or in each of said towns, of the time and place at which they will\nmeet for the purpose of considering the same, at which meeting the\npublic and all persons interested may appear and be heard in relation\nthereto; and provided that no such street or avenue shall be laid out,\nopened or constructed upon or across any lands heretofore acquired by\nthe right of eminent domain, and be held in fee for depot purposes by\nany railroad. In the event that the town maintains a website, one of the\nposting requirements may be fulfilled by posting such information on the\nwebsite.\n  Should the governing body of any such county at any time deem it for\nthe public interest to acquire title to lands and premises required for\nany street, highway or boulevard heretofore or hereafter laid out,\nwidened, altered, extended or otherwise improved, it may acquire the\nsame by dedication, or by condemnation under the eminent domain\nprocedure law, provided, however, that no land shall be acquired for any\nstreet, highway or boulevard in a village, without the consent of the\nboard of trustees of such village. Such board may direct, by a\ntwo-thirds vote of the total voting power of the board, that the title\nto any piece or parcel of land lying within the lines of any such\nstreet, highway or boulevard shall be vested in the county upon the date\nof recovery of such dedication or as provided in the  eminent domain\nprocedure law.  Thereafter, the property so acquired shall upon vesting\nbe held, appropriated, converted and used to and for such purpose\naccordingly, in like manner as are other public streets in said county.\nIn such cases interest at the rate specified in section three-a of the\ngeneral municipal law upon the sum or sums to which the owners, lessees,\nparties or persons are justly entitled as provided in the eminent domain\nprocedure law. Upon the vesting of title, the county or any person or\npersons acting under its authority, may subject to compliance with the\neminent domain procedure law immediately, or at any time thereafter take\npossession of the same, or any part or parts thereof, without any suit\nor proceeding at law for that purpose. The title acquired by the county,\nto lands and premises required for a street, shall be in trust, and such\nlands and premises appropriated and kept open for, or as part of a\npublic street or highway, forever, in like manner as the other streets\nin the county.\n