NY Hwy L § 118 (2021)
2021 New York Laws HAY - Highway Article 6 - County Roads 118 - Acquisition by Counties of Lands for Right-of-Way and Other Purposes.

§  118.  Acquisition  by  counties of lands for right-of-way and other   purposes. 1. If a county road, proposed to be constructed or improved as   provided  in  this  article,  or  which  shall  have   been   heretofore   constructed,  or  which  it  is  proposed  to  repair  or reconstruct as   provided in this article or in which it is proposed to change the course   of a dangerous section thereof, shall deviate from the line of a highway   already existing, the board of supervisors  of  the  county  where  such   highway is located shall provide the requisite right-of-way prior to the   advertisement  for  proposals. The execution by the property owner of an   option to purchase, or of a release or agreement giving the  county  the   right  to enter and occupy property for highway purposes shall be deemed   to be a sufficient acquisition of right-of-way under this  article,  and   upon  the  certification of the board of supervisors that the county has   secured such options, releases or agreements from the reputed owners  of   all  parcels  of  right-of-way  called  for  by  the  plans,  the county   superintendent  may  proceed  to  advertise  for   proposals   for   the   improvement.    The board of supervisors shall also secure all necessary   rights-of-way for drains or  ditches  required  to  properly  drain  the   highway  either  during construction or after completion thereof and may   also acquire lands for the purpose of obtaining gravel, stone  or  other   material,   when   required   for   the   construction,  reconstruction,   improvement or  maintenance  of  such  highways,  or  for  spoil  banks,   together  with  a  right-of-way to such spoil banks and to any bed, pit,   quarry or other place where such gravel, stone or other material may  be   located.2.  The  board  of  supervisors  may  also acquire lands at any corner   formed by the intersection of highways,  for  the  purpose  of  removing   obstructions therefrom which shut off the view to intersecting highways;   thereby to afford visibility or sight distance of such highways near, at   and across any corner of lands at highway intersections.3.  The board of supervisors may also acquire lands at any curve along   county roads, for the purpose of removing obstructions  therefrom  which   shut off the view of, to, over and along such highway; thereby to afford   visibility or sight distance at, over, along and across any such curve.4.  When requested by the commissioner of transportation, the board of   supervisors shall also provide lands or  rights  or  interests  therein,   including  designation of controlled-access highways pursuant to section   one hundred seventeen-b of this chapter, for rights  of  way  and  other   purposes   mentioned   in   this  section,  which  the  commissioner  of   transportation shall require pursuant  to  the  provisions  of  sections   eighty-one  and  eighty-four  of  this  chapter.    The execution by the   property owner of an option to purchase, or of a  release  or  agreement   giving  the  state  or the county the right to enter and occupy property   for highway purposes shall be deemed to  be  sufficient  acquisition  of   rights  of  way  under  this  section, and upon the certification of the   board of supervisors to the  commissioner  of  transportation  that  the   county  has  acquired  options,  releases or agreements from the reputed   owners of all parcels of rights of way  and  all  rights  and  interests   deemed necessary, or has commenced condemnation proceedings with respect   thereto, the commissioner of transportation may proceed to advertise for   proposals for the improvement.5.  Notwithstanding  the  provisions  of any general, special or local   law, the county superintendent of highways, his agents,  contractors  or   employees  when engaged on work connected with the county road system in   the county, may pursuant to the eminent domain procedure law enter  upon   any property for the purpose of making surveys, test pits, test borings,   or  other  investigations. Claims for any damage caused by such work may   be adjusted by agreement by the chairman of the governing body, a member    or a committee appointed for the purpose, or determined by supreme court   in accordance with the eminent domain procedure law.6. In the construction, reconstruction or improvement of a county road   where  an  existing  entrance  or approach to private lands is wholly or   partially destroyed as a result of a substantial change in the  existing   grade,  or for any other reason, the board of supervisors or a committee   thereof authorized to acquire the  necessary  rights  of  way  for  said   county  road,  may,  upon  the  request  of  the abutting property owner   affected,  cause  the  reestablishment  of  the  entrance,  approach  or   driveway  to  be  adjusted  to  the  grade of the new road, and the cost   thereof shall be a county charge payable out of the county road fund. In   such adjustment the details of the work shall be as  determined  by  the   county  superintendent  of  highways. The county shall not be liable for   the  maintenance  of  such  adjusted  and  reestablished  approaches  or   driveways  upon the lands of such abutting property owners, nor shall it   be liable for damages in connection therewith after  the  completion  of   such adjustment work.7.  Within appropriations made for the construction and maintenance of   county roads, and upon recommendation of the  county  superintendent  of   highways  or upon its own motion, when it finds such action necessary in   the interest of the public safety and welfare,  because  of  density  of   population,  proximity  of  schools  and  the  volume  of  vehicular and   pedestrian traffic the board  of  supervisors  of  a  county  may  cause   sidewalks for pedestrians to be constructed along any county road either   in  conjunction with or subsequent to the construction of such road and,   if necessary, may acquire for such purpose property or easements thereto   pursuant to the provisions of article six of this chapter.