NY Vill L § 6-616 (2021)
2021 New York Laws VIL - Village Article 6 - Streets, Sidewalks and Public Grounds 6-616 - Changing Grade of Street or Bridge.

§  6-616.  Changing  grade  of  street  or bridge. 1. If a village has   exclusive control and jurisdiction of a street or bridge therein, it may   change the grade thereof. If such  change  of  grade  shall  injuriously   affect  any  building  or land adjacent thereto, or the use thereof, the   change of grade, to the extent of the damage resulting therefrom,  shall   be  deemed  the  taking  of  such  adjacent property for a public use. A   person claiming damages from such change of grade must  present  to  the   board of trustees a verified claim therefor within sixty days after such   change  of  grade  is effected. The board may agree with such owner upon   the amount of damages to be allowed to him, or make to  him  a  verified   offer to settle or compromise such claim. If no agreement be made within   thirty  days  after the presentation of the claim, the person presenting   it may apply pursuant to  the  eminent  domain  procedure  law,  to  the   supreme  court  to  determine  the compensation to which he is entitled.   Notice of the application must be served upon the board of  trustees  at   least  ten  days  before  the  hearing thereof. All proceedings shall be   taken in accordance with the provisions of the eminent domain  procedure   law,  so  far  as applicable. The amount agreed upon for such damages or   the award therefor, together with the costs,  if  any,  allowed  to  the   claimant, shall be a charge against such village.2.  Whenever the grade of any street, highway or bridge in any village   in this state shall be changed or altered so  as  to  interfere  in  any   manner  with  any  building  or  buildings  situate thereon, or adjacent   thereto, or the use thereof, or shall injure or damage the real property   adjoining such highway so changed or altered, the  owner  or  owners  of   such  building  or  real estate may apply pursuant to the eminent domain   procedure law, to the supreme court in the judicial  district  in  which   such  property  is  situated  to  ascertain  and determine the amount of   damage sustained thereby; due notice of such application shall be  given   to  the person or persons having competent authority to make such change   or alteration. No person or property owner shall be entitled to  recover   any damages who shall, in writing, request or assent that the said grade   of  any such street shall be changed or altered. All damages ascertained   and determined under the provisions of this subdivision,  together  with   the  costs  of such proceedings, shall be a charge, when allowable, upon   the village, town or other municipality chargeable with the  maintenance   of  the street, highway or bridge so altered or changed; but no property   owner or person instituting proceedings to  recover  damages  under  the   provisions  of  this  subdivision shall be entitled to costs, unless the   claim for such damages shall have first been presented to  and  rejected   by,   or   neglected  to  have  been  adjusted  for  thirty  days  after   presentation by the trustees or other proper officers of  said  village,   town or municipality, nor in case such trustees or other proper officers   shall have made an offer to settle or compromise such claim, which offer   is declined by said property owner, unless he shall recover more than is   so offered.This  subdivision  shall  not apply to the change of grade of streets,   highways or bridges by village authorities nor to the change  of  grade,   made  by  the  state,  of  a bridge or state highway, which is under the   exclusive control, supervision or jurisdiction of the state, nor to  the   change  of grade, made by a county, of a bridge or county highway, which   is under the exclusive  control,  supervision  or  jurisdiction  of  the   county.3.  No  proceeding  or  action  under this section shall be maintained   against the villages unless the same shall be commenced within one  year   after the filing of the verified claim.