reglab/statecodes huggingface dataset:
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 141 - Estimate of Expenditures for Highways and Bridges.

§ 141. Estimate of expenditures for highways and bridges. The estimate
  of  expenditures  for  highways and bridges, to be submitted by the town
  superintendent, as required by section one hundred four of the town law,
  shall specify:
1. The amount of money necessary to be levied and  collected  for  the
  repair  and  improvement  of  highways,  including sluices, culverts and
  bridges having a span of  less  than  five  feet,  and  board  walks  or
  renewals  thereof  on highways less than two rods in width, and also the
  amount necessary to construct or repair any public roads, walks,  places
  or  avenues  on any sand beach separated by more than two miles from the
  main body of the town, or on any island or part  of  an  island  in  the
  town.   Such amount shall not be less than an amount which when added to
  the amount of money to be received from the state, under the  provisions
  of  section  two hundred and seventy-nine, will equal thirty dollars for
  each  mile  of  highways  within  the  town,  outside  the   limits   of
  incorporated  villages, except that no town having an assessed valuation
  of three thousand seven hundred and  fifty  dollars  or  less  per  mile
  outside of incorporated villages shall be required to levy and collect a
  tax  under  this  subdivision in excess of four dollars on each thousand
  dollars of assessed valuation.
2. The amount of money necessary to be levied and  collected  for  the
  repair and construction of bridges, having a span of five feet or more.
3.  The  amount  of money necessary to be levied and collected for the
  purchase, repair and custody of stone crushers, power rollers,  traction
  engines,  road  machines  for  grading and scraping, power trucks, power
  graders, turn tables, scarifiers, concrete  mixers,  power  shovels  and
  distributors and tools and implements.
4.  The  amount  of money necessary to be levied and collected for the
  removal of obstructions caused  by  snow  and  for  other  miscellaneous
  purposes,  including  the  widening of a state highway under a permit as
  provided by section fifty-two. The amounts specified in  such  statement
  shall  not  exceed the limitations prescribed in section two hundred and
  seventy-one. If the town superintendent is of the opinion that an amount
  in excess of the limitations therein prescribed be  raised  by  tax,  he
  shall include in his statement his reasons therefor in detail.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 142-B - Removal of Snow and Ice, Making of Repairs, and Rental of Town Highway Machinery; School and Other Districts.

§  142-b.  Removal  of  snow and ice, making of repairs, and rental of
town highway machinery; school and other districts. The  town  board  of
any  town  may  authorize the town superintendent to (1) remove snow and
ice from any property within the town belonging to  a  school  district,
upon  such  terms  as may be agreed upon by the town board and governing
board of any such school district.
(2) Repair roads and sidewalks within the town belonging to  a  school
district,  upon  such  terms as may be agreed upon by the town board and
the governing board of any such school district.
(3) Permit the use of town  highway  machinery,  tools  and  equipment
within  the  town  by any fire district, special improvement district or
school district, located in whole or in part in any such town, upon such
terms and conditions as may be agreed upon by the  town  board  and  the
governing board or governing body of any such district.
(4) Except as otherwise provided in section one hundred forty-two-c of
this chapter with respect to the use of town highway machinery, snow and
ice  removal  equipment, tools and equipment by a village located wholly
or partly within the town, permit the use  of  town  highway  machinery,
snow  and ice removal equipment, tools and equipment during an emergency
by any city, village, town, county, fire district,  special  improvement
district  or  school  district, upon such terms and conditions as may be
agreed upon by the town board and the governing board or governing  body
of any such district.
(5)  Moneys  received  by  a  town  pursuant to the provisions of this
section shall be first applied to the credit of the fund  authorized  by
subdivision four of section one hundred forty-one of this chapter to the
extent that any expense incurred was originally charged thereto, and the
balance of such moneys, if any, shall be credited to the fund authorized
by subdivision three of section one hundred forty-one of this chapter.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 142-C - Removal of Snow and Ice From Streets and Repair of Sidewalks in Villages.

§  142-c. Removal of snow and ice from streets and repair of sidewalks
in villages. The town board may authorize the town superintendent to (1)
remove snow and ice from streets and sidewalks in any village or portion
thereof within the town.
(2) Repair streets and sidewalks within any village or portion thereof
within the town.
(3) Permit the use of town highway machinery,  snow  and  ice  removal
equipment,  tools  and  equipment in or by any village located wholly or
partly within the town.
(4) The work authorized by this section shall be performed  upon  such
terms and conditions as may be agreed upon by the town board of the town
and board of trustees of the village.
(5)  Moneys  received  by  a  town  pursuant to the provisions of this
section shall be first applied to the credit of the fund  authorized  by
subdivision four of section one hundred forty-one of this chapter to the
extent that any expense incurred was originally charged thereto, and the
balance of such moneys, if any, shall be credited to the fund authorized
by subdivision three of section one hundred forty-one of this chapter.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 142-D - Rental or Hiring of Town Highway Machinery, Tools or Equipment.

§  142-d.  Rental  or  hiring  of  town  highway  machinery,  tools or
  equipment.  Except  as  otherwise  provided  in  section   one   hundred
  forty-two-c  of  this  chapter  with  respect to the use of town highway
  machinery, snow and ice removal equipment,  tools  and  equipment  by  a
  village   located   wholly   or   partly   within  the  town,  the  town
  superintendent of highways, with the approval of  the  town  board,  may
  permit  the  use of any town-owned highway machinery, tools or equipment
  by a county or any municipality, district, district corporation,  school
  district, community college, and any unit of the state university of New
  York,  upon  such  terms  and  conditions  as  may be agreed upon by the
  parties involved.  Moneys received by a town pursuant to the  provisions
  of  this  section shall be applicable for the purposes for which amounts
  may be raised as provided in subdivision three of  section  two  hundred
  seventy-one of this chapter.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 143 - Town Superintendents May Hire Machinery.

§   143.   Town   superintendents   may   hire   machinery.  The  town
  superintendent may rent or hire machinery or equipment at a rate  to  be
  approved  by  the  town  board. The expense thereof shall be paid out of
  moneys provided for the repair and improvement of highways. Rentals paid
  by the town pursuant to this section shall  not  be  applicable  to  the
  purchase  of  machinery or equipment so rented, except if pursuant to an
  installment purchase contract entered into  pursuant  to  section    one
  hundred nine-b of the general municipal law.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 145 - Purchase of Gravel Pits.

§  145. Purchase of gravel pits. The town board of a town may contract
  for and purchase land in the name of the town containing a gravel bed or
  other material for use on the public highways and bridges of  the  town.
  No  such  land  shall  be  purchased  except at an agreed price with the
  owner. No such land shall be resold  to  any  private  corporation.  The
  purchase  price  of  such  land  shall be a town charge and be paid from
  moneys levied or collected  therefor,  as  provided  by  law.  All  such
  property so acquired shall vest in and become the property of such town.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 147 - Entry Upon Lands by Town Superintendent.

§   147.   Entry   upon   lands   by  town  superintendent.  The  town
  superintendent may, when directed by the county superintendent, and when
  authorized by the town board, enter
1. Upon any lands adjacent to any of the highways in the town, for the
  purpose of opening an existing ditch or drain,  or  for  digging  a  new
  ditch  or  drain  for the free passage of water for the drainage of such
  highways.
2. Upon the lands of any person adjoining rivers, streams  or  creeks,
  to  drive  spiles,  throw up embankments and perform such other labor as
  may be necessary to keep such rivers, streams  or  creeks  within  their
  proper  channels,  and  to  prevent  their encroachment upon highways or
  abutments of bridges.
3. Upon the  lands  adjoining  a  highway  which,  during  the  spring
  freshets  or  at  a time of high water are subject to overflow from such
  rivers, streams or creeks, to remove or change the position of  a  fence
  or  other obstruction preventing the free flow of water under or through
  a highway, bridge or culvert, whenever the same may be necessary for the
  protection of such highway or bridge.
4. Upon any lands adjacent to highways to remove any  fence  or  other
  obstruction  which  causes  snow to drift in and upon such highways, and
  erect snow fences or other  devices  upon  such  lands  to  prevent  the
  drifting of snow in or upon such highways.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 148 - Damages to Owners of Lands.

§  148. Damages to owners of lands. Where lands are entered upon under
  the provisions of the preceding section, the town  superintendent  shall
  agree  with the owner of such lands, subject to the approval of the town
  board, as to the amount of damages, if any, sustained by such  owner  in
  consequence  of such entry in performance of the work authorized by such
  section, and the amount of such damages shall be a town charge.  If  the
  town  superintendent  is unable to agree with such owner upon the amount
  of damages thus sustained  the  amount  thereof  shall  be  ascertained,
  determined  and  paid  in  the  manner  that damages are so ascertained,
  determined and paid, where new highways are laid out and opened and  the
  town  superintendent and land owners are unable to agree upon the amount
  thereof.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 149 - Drainage, Sewer and Water Pipes, Cattle Passes or Other Crossings in Highways.

§  149.  Drainage,  sewer  and  water  pipes,  cattle  passes or other
  crossings in highways. The town superintendent may, with the consent  of
  the town board, upon the written application of any resident or taxpayer
  of  his  town  or  a  corporation,  grant  permission for an overhead or
  underground crossing, or to lay and maintain drainage, sewer  and  water
  pipes  under  ground  within  the  portion  therein  described of a town
  highway.  Permission shall not be granted for the laying and maintaining
  of such pipes under the travelled part of the highway, except across the
  same, for the purposes of sewerage and draining swamps or  other  lands,
  and supplying premises with water. Such permission shall be granted upon
  the  condition  that  such  pipes  and hydrants or crossings shall be so
  laid, set or constructed as not to interrupt or  interfere  with  public
  travel  upon  the  highway,  and  upon  the  further  condition that the
  applicant will replace the earth removed and leave the  highway  in  all
  respects  in  as  good  condition as before the laying of said pipes, or
  construction of such crossings, and that such applicant will  keep  such
  pipes and hydrants or crossing in repair and save the town harmless from
  all damages which may accrue by reason of their location in the highway,
  and  that upon notice by the town superintendent the applicant will make
  the repairs required for the protection or preservation of the  highway.
  The  permit  of  the  town  superintendent, with the consent of the town
  board or county superintendent, and the  acceptance  of  the  applicant,
  shall  be  executed  in  duplicate,  one  of which shall be filed in the
  office of the town clerk and the other  in  the  office  of  the  county
  superintendent.    In  case  the applicant shall fail to make any of the
  repairs required to be made under the permit, they may be  made  by  the
  town  superintendent  at the expense of the applicant, and such expenses
  shall be a lien, prior to any other lien, upon the land benefited by the
  use of the highway for such pipes,  hydrants  or  structures.  The  town
  superintendent  may  revoke  such permit upon the applicant's failure to
  comply with any of the conditions contained therein.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 150 - Trees and Sidewalks.

§  150.  Trees and sidewalks. The town superintendent may, by an order
  in writing, approved by a majority of the members  of  the  town  board,
  authorize  the  owners of property adjoining the town highways, at their
  own expense,  to  locate  and  plant  trees  and  locate  and  construct
  sidewalks  along  the  town  highways, in conformity with the topography
  thereof, which order with a map or diagram, showing the location of  the
  sidewalk  and tree planting, certified by the town superintendent, shall
  be filed in the office of the town clerk,  within  ten  days  after  the
  making of the order.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 153 - Custody of Shade Trees.

§  153.  Custody  of  shade  trees. The town superintendent shall have
  control of all shade trees in the town highways of  the  town,  but  not
  within  the  limits  of  an  incorporated  village,  and shall prosecute
  complaints for malicious injury to, or unlawful acts  concerning  public
  shade  trees.  Upon  recommendation of the town superintendent, the town
  board of any town may appropriate general town moneys  for  setting  out
  and preserving shade trees along the highways of any class in such town;
  but  no  tree shall be so set out in a state highway without the consent
  in writing of the commissioner of transportation except in a village  of
  the first or second class, nor shall any trees be so set out in a county
  road without the written consent of the county superintendent, except in
  villages of the first and second class. Trees set out in a state highway
  under  the  provisions  of this section shall not be removed without the
  written consent of the commissioner of transportation. Trees set out  in
  a  county road under the provisions of this section shall not be removed
  without the written consent of the county superintendent. Trees set  out
  in  a  state highway within villages of the first and second class which
  tend to make travel or traffic thereon  unsafe  or  hazardous  shall  be
  removed  or  their location changed by the proper village autohrity when
  such removal or change of location is ordered  by  the  commissioner  of
  transportation.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 154 - Erection of Guide Boards.

§ 154. Erection of guide boards. The town superintendent may, with the
  consent  of  the  town board, cause guide posts with proper inscriptions
  and devices to be erected at the intersections of such highways therein,
  as may be necessary, which shall be kept in repair by him at the expense
  of the town. Upon written application to him, of five resident taxpayers
  of any town or twenty resident taxpayers of the  county  in  which  such
  town  is located, requesting the erection of one or more guide boards at
  the intersection of highways in such town, it shall be his duty to cause
  to be erected at the intersections mentioned in such  application,  such
  guide boards indicating the direction, distances and names of the towns,
  villages  or  cities to or through which such intersecting highways run.
  Such application shall designate the highway intersections at which such
  guide boards are requested to be erected, and may contain suggestions as
  to the inscriptions and devices to be placed upon such boards. The  cost
  of  the  erection and maintenance of such boards shall be a town charge.
  If the town superintendent refuses or neglects for  a  period  of  sixty
  days  after  receiving  such  application  to  comply  with  the request
  contained therein, he shall, for such neglect or refusal, forfeit to the
  town, the sum of twenty-five dollars, to be recovered by the  supervisor
  in  the  name of the town and the amount so recovered shall be set apart
  for the erection of such guide boards.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 155 - Application for Service of Prisoners.

§  155. Application for service of prisoners. After satisfying himself
  that proper quarters can be secured, the town superintendent  may,  with
  the  consent of the town board, request the supervisor of the town under
  the provisions of section ninety-three of the county law, to procure the
  services of prisoners serving sentence in the county jail,  for  general
  work upon the public highways of the town.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 156 - Penalty, and Notice on Bridge.

§  156. Penalty, and notice on bridge. The town superintendent may fix
  and prescribe a penalty, not less than one or more  than  five  dollars,
  for riding or driving faster than a walk on any bridge in his town whose
  chord  is  not  less  than  twenty-five  feet  in length, and put up and
  maintain in a conspicuous place, at each end of the bridge, a notice  in
  large  characters,  stating each penalty incurred. Whoever shall ride or
  drive faster than a walk over any bridge, upon which notice  shall  have
  been  placed,  and  shall  then be, shall forfeit for every offense, the
  amount fixed by such town superintendent, and specified in the notice.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 157 - Assessment of Cost Against Owners and Occupants.

§  157.  Assessment  of  cost  against  owners and occupants. The town
  superintendent shall assess the cost of,
1. Removing obstructions and moving and  resetting  poles  and  wires,
  pursuant to section three hundred and nineteen.
2.  Such  town  superintendent  shall serve personally or by mail upon
  such owner, occupant or company, a written notice,  stating  that  at  a
  time  and  place specified therein, he will assess such cost against the
  owner, occupant or company neglecting to perform such duty. Such  notice
  shall  be  served  at  least  eight  days previous to the time specified
  therein. If directed against a company, it may be served upon it at  its
  principal  place of business, or upon an agent of the company within the
  town. At the time and place so specified,  he  shall  hear  the  parties
  interested,   and  shall  thereupon  complete  the  assessment,  stating
  therein, the name of each owner, occupant or  company,  and  the  amount
  assessed against him or it, and shall return such assessment to the town
  clerk  who  shall  present  the same to the town board of his town. Such
  town board shall certify such assessment to the board of supervisors who
  shall cause the amount stated therein to be levied against  such  owner,
  occupant  or  company  and  any uncollected tax shall be a lien upon the
  land affected.  The amount so levied shall  be  collected  in  the  same
  manner  as  other  taxes  levied by such board, and shall be paid to the
  supervisor of the town, to be applied in reimbursing the fund from which
  such cost was defrayed.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 158 - Neglect or Refusal to Prosecute.

§  158.  Neglect  or  refusal to prosecute. If the town superintendent
  shall neglect or refuse to prosecute for any penalty, knowing  the  same
  to  have  been  incurred, he shall be liable to a penalty of ten dollars
  for every such neglect or refusal, which shall be recovered by action in
  the name of the town, by the supervisor, or by any taxpayer of the  town
  who shall indemnify the town for the costs and expense of the action, in
  such manner as the supervisor may approve.
2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 159 - Compensation for Services of Town Superintendents.

§  159.  Compensation  for services of town superintendents. If a town
  superintendent shall be directed by the department of transportation  to
  perform  services  in  respect to the maintenance and repair of improved
  state highways within his town, compensation therefor shall be  paid  to
  the  town  out  of  the moneys set apart as provided in this article for
  such maintenance and repair. Such compensation shall  be  fixed  by  the
  department  of  transportation and shall be based on the salary fixed by
  the town board as compensation for his services performed for  the  town
  under  this  chapter.  And  said department of transportation shall make
  proper rules and regulations to carry into effect this provision.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 170 - Survey for the Laying Out of a Highway.

§  170.  Survey  for  the  laying  out of a highway. Whenever the town
  superintendent shall lay out any highway, either upon application to him
  or otherwise, he shall notify the county superintendent, whose  duty  it
  shall  be to either make a survey, or cause the same to be made, and the
  town superintendent shall incorporate the  survey  in  an  order  to  be
  signed  by  him,  and to be filed and recorded in the office of the town
  clerk, who shall note the time of recording  the  same.  Notwithstanding
  the provisions of any general or special law, the county superintendent,
  his agents, contractors or employees when engaged on work connected with
  laying  out a town highway, 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  the  town  board  or  determined
  pursuant  to  the  eminent domain procedure law. The cost of such survey
  shall be a town charge payable in  the  same  manner  as  other  charges
  against the town.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 171 - Highways by Dedication.

§ 171. Highways by dedication. 1. Whenever land is dedicated to a town
  for  highway  purposes  therein,  the  town  superintendent may with the
  consent of the town board, either with or without a written  application
  therefor, and without expense to the town, make an order laying out such
  highway,  upon filing and recording in the town clerk's office with such
  order a release of the land from the owner thereof. A  highway  so  laid
  out  must  not  be less than three rods in width, except that where such
  highway is located on a sand beach separated by more than two  miles  of
  water from the main body of the town of which it forms a part and is not
  an  extension or continuation of a public highway already in use and has
  erected thereon a board walk not less than one-third the width  of  said
  highway,  such  highway so laid out may be less than three rods in width
  and must not be less than ten feet in  width,  provided,  however,  that
  upon  certification  in writing by the commissioner of transportation of
  the necessity therefor and the  filing  of  such  certification  in  the
  office  of  the town clerk of the town in which such highway is located,
  any such highway may be of such width, less  than  three  rods,  as  the
  commissioner  shall specify in such certificate. Section one hundred and
  eighty does not apply to a highway by dedication.
2. Such town superintendent may also,  upon  written  application  and
  with  the written consent of the town board, make an order laying out or
  altering a highway, or discontinuing a highway, which has become useless
  since it was laid out, upon filing and recording  in  the  town  clerk's
  office,  with  such  application,  consent and order, a release from all
  damages from the owners of lands taken or  affected  thereby,  when  the
  consideration  for  such  release  is  agreed  upon  between  such  town
  superintendent, with the approval of the town board, and  the  owner  or
  owners.  An  order of the town superintendent, as herein provided, shall
  be final and the town clerk shall forthwith cause each release  executed
  by  each owner of land taken or affected by such order to be recorded in
  the office of the clerk of the county wherein such lands are located.
3. If a highway proposed to be constructed or improved  shall  deviate
  from  the line of a highway already existing, the town board of the town
  where such highway is located may acquire land for the  requisite  right
  of  way.  The town board may, by resolution, authorize the supervisor to
  purchase the lands to be acquired for the purposes herein specified,  at
  an amount not to exceed that approved by the town board.
4. The purchase price of such property shall be a town charge and may,
  by  resolution  of  the  town board, be paid from any funds in such town
  that may be legally used for such purposes.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 172 - Application.

§  172.  Application. Any person or corporation assessable for highway
  taxes may make written application to the  town  superintendent  of  the
  town  in  which  he  or  it  shall reside, or is assessable, to alter or
  discontinue a highway, or to lay out a new highway.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 173 - Petition for Acquisition.

§  173.  Petition for acquisition. Whenever the town superintendent of
  highways of any township shall determine that public necessity  requires
  the  laying  out  of  a new or additional highway, and the land therefor
  cannot be obtained by the dedication of the  owners  thereof,  or  if  a
  highway  proposed  to  be constructed or improved shall deviate from the
  line of the highway already existing and the town  board  be  unable  to
  acquire  land by purchase for such requisite right of way as provided by
  section one hundred and seventy-one of this chapter, he may apply to the
  town board of his town for  permission  to  institute  a  proceeding  to
  acquire  so  much  land  as  may  be  necessary  to  lay out such new or
  additional highway, and when such consent shall have been given  by  the
  town  board  of  such town, the said town superintendent of highways may
  make application pursuant to the eminent domain procedure law to supreme
  court in the  judicial  district  in  which  such  proposed  highway  is
  situated,  to  obtain an order for permission to file an acquisition map
  of the property to be acquired.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 177 - Damages in Certain Cases; How Estimated.

§  177.  Damages  in  certain cases; how estimated. The owner of lands
  within the bounds of a highway discontinued may  enclose  the  same  and
  have the exclusive use thereof, and the benefits resulting therefrom may
  be  deducted  in the assessment of damages caused by the laying out of a
  highway through his other lands in place of the discontinued highway.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 180 - Limitations Upon Laying Out Highways.

§ 180. Limitations upon laying out highways. No highways shall be laid
  out less than three rods in width, nor through buildings or any fixtures
  or  erections  for  the purpose of trade or manufactures, or any yard or
  enclosure necessary to  the  use  and  enjoyment  thereof,  without  the
  consent of the owner or owners thereof, unless so ordered by the supreme
  court  in  the  judicial  district  in  which  the  proposed  highway is
  situated; such order shall be  made  on  the  certificate  of  the  town
  superintendent  of  the  town  or towns in which the proposed highway is
  situated, showing that the public interests will be greatly promoted  by
  the  laying  out  and opening of such highway; a copy of the certificate
  with eight days' notice of the time and place of the hearing before  the
  supreme  court shall be served on the owners of the land, or if they are
  not residents of the county upon the occupants; the supreme  court  upon
  such  certificates,  and  the  proofs and other proceedings therein, may
  order the highway to be laid out and opened, if it  deems  it  necessary
  and   proper.   Upon   confirmation  by  the  supreme  court,  the  town
  superintendent shall then lay out and open  such  highway  as  in  other
  cases.  The  provisions  of  this  section shall not apply to buildings,
  fixtures, erections, yards or enclosures, made or placed  on  such  land
  after  an  application  for the laying out and opening the highway shall
  have been made. In case the highway to be laid out shall  constitute  an
  extension  or continuation of a public highway already in use, and shall
  not as to such new portion, exceed half  a  mile  in  length,  the  town
  superintendent  may lay out such extension or continuation of a width of
  less than three rods, provided, however, that it be not  less  than  the
  widest  part of the highway of which it is an extension or continuation.
  In such case the town superintendent shall specify  in  his  certificate
  the  precise width of the new portion of such highway, and shall certify
  that such width is as great at least as the widest part of  the  highway
  of which it is a continuation or extension. No highway shall be laid out
  which  shall  be identical or substantially so with a highway previously
  discontinued or abandoned for public purposes within seven years of such
  discontinuance or abandonment, nor where other land or property has been
  conveyed to the town at the time of such discontinuance  or  abandonment
  in counties adjoining cities with upward of one million inhabitants.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 181 - Laying Out Highways Through Burying-Grounds.

§ 181. Laying out highways through burying-grounds. No private road or
  highway   shall   be  laid  out  or  constructed  upon  or  through  any
  burying-ground, unless the remains therein contained are first carefully
  removed, and properly reinterred in some other  burying-ground,  at  the
  expense of the persons desiring such road or highway, and pursuant to an
  order  of  the county court of the county in which the same is situated,
  obtained upon notice to such persons as the court may direct.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 182 - Costs; by Whom Paid.

§  182. Costs; by whom paid. In all cases of assessments of damages by
  supreme court, the costs thereof shall be  paid  by  the  town  thereof,
  except that when reassessment of damages shall be had on the application
  of  the party for whom the damages were assessed, and such damages shall
  not be increased on such reassessment, the costs shall be  paid  by  the
  party  applying for the reassessment; and when application shall be made
  by two or more persons for the reassessment of damages, all persons  who
  may be liable for costs under this section shall be liable in proportion
  to  the amount of damages respectively assessed to the first assessment,
  and may be recovered by action in favor of any person, entitled  to  the
  same.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 184 - When Officers of Different Towns Disagree About Highway.

§  184. When officers of different towns disagree about highway.  When
  the town superintendent of any town or officers of any village  or  city
  having  the  powers  of  town superintendents shall differ with the town
  superintendent or superintendents of any other town or with the officers
  of such a village or city having the powers of town  superintendents  in
  the same county, relating to the laying out of a new highway or altering
  an  old  highway,  extending into both towns, or a town and a village or
  city, or upon the boundary line between such towns or such  town  and  a
  village  or  city, or when a town superintendent of a town in one county
  shall differ with the town superintendent of a town or the officers of a
  village or city having the powers of  town  superintendents  in  another
  county,  relating to the laying out of a new highway, or the altering of
  an old highway, which shall extend into both counties, or  be  upon  the
  boundary  line  between  such counties, the town superintendents of both
  towns or the officers of the village or city having  such  powers  shall
  meet on five days' written notice, specifying the time and place, within
  some one of such towns, villages or cities, given by either of such town
  superintendents,  or  officers having powers of town superintendents, to
  make  their  determination  in  writing,  upon  the  subject  of   their
  differences.  If  they  cannot agree, they or either of them may certify
  the fact of their disagreement to the  supreme  court  in  the  judicial
  district  where all or part of the proposed highway is located; and upon
  due notice to all persons  interested  view  the  proposed  highway,  or
  proposed  alteration  of  a  highway, and take such evidence as it deems
  proper, and shall decide all questions that shall arise on the  hearing,
  as  to  the laying out or altering of such highway, its location, width,
  grade and character of roadbed, or any point  that  may  arise  relating
  thereto; if supreme court determines in favor of opening or altering any
  highway  it  shall order that all proceedings thereto are in conformance
  with the eminent domain procedure law.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 185 - Difference About Improvements.

§  185. Difference about improvements. When the town superintendent or
  the  officers  of  a  village  or  city  having  the  powers   of   town
  superintendents  therein,  shall desire to make a new or altered highway
  extending beyond the bounds of such town,  village  or  city,  a  better
  highway  than is usually made for a common highway, with a special grade
  or roadbed, drainage or improved plan, and are willing to bear the whole
  or a part of the expense thereof beyond such bounds, but cannot agree in
  regard  to  the  same,  upon  written  application  of  either  of   the
  superintendents  or  officers and notice to all parties interested, such
  court shall make an equitable adjustment of the matters, and may  direct
  that  in  consideration of the payment of such portion of the additional
  expense by the town, village or  city  that  desires  the  improved  and
  better  highway,  as  shall  be  equitable,  its  officers, contractors,
  servants and agents may go into such town, village or city, and make the
  grade and roadbed, and do whatever may be necessary and proper  for  the
  completion  of  such  better  highway, advancing the money to do it; the
  amount of damages to each owner or occupant  shall  be  ascertained  and
  determined  by  the  supreme court in accordance with the eminent domain
  procedure law, such court shall, on notice to  all  parties  interested,
  direct  that  the  amount of damages assessed each owner or occupant, if
  any and all such expenses be paid by each, any or  all  of  such  towns,
  villages  or  cities as shall be just and equitable, and the damages and
  expenses assessed and  allowed,  as  in  this  and  the  last  preceding
  sections,  shall  be  paid  and  collected  as  if  fixed  by  the  town
  superintendents of the towns, or the officers of such villages or cities
  having the powers of such superintendents.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 186 - Highway in Two or More Towns.

§  186.  Highway in two or more towns. When application is made to lay
  out, alter or discontinue a highway located in two or  more  towns,  all
  notices   or   proceedings   required   to   be  served  upon  the  town
  superintendents shall be served upon the  town  superintendent  of  each
  town;  and the supreme court shall determine the amount of damages to be
  paid by each town.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 188 - Final Determination, How Carried Out.

§  188.  Final determination, how carried out. The final determination
  of the supreme court relating to laying out, altering or discontinuing a
  highway, and all orders  and  other  papers  filed  or  entered  in  the
  proceedings,  or  certified  copies  thereof  from  the court where such
  determination,  order  and  papers  are  filed  and  entered,  shall  be
  forthwith  filed  and  recorded  in  the town clerk's office of the town
  where the highway is located; and every such decision shall  be  carried
  out by the town superintendent of the town, the same as if they had made
  an  order  to  that effect. The said town superintendent shall thereupon
  proceed to  construct  the  highway  so  laid  out,  and  construct  any
  alteration  so  provided  for,  and  put  the same in good condition for
  public travel.  The expense of such construction of such new highway  or
  alteration  of  an  existing highway, shall be a charge upon and against
  the town in which such highway is constructed or any existing highway is
  altered, and when same is completed the town board of such town shall at
  the next annual meeting for auditing accounts, after such work is  done,
  audit  such  claims  against  the  town, including interest, if any, and
  include same in the annual tax budget to be collected from the taxpayers
  of said town to pay said indebtedness; such money to be paid over to the
  supervisor of the town and by him  paid  and  applied  to  the  purposes
  aforesaid.  This  amendment is made subject to the provisions of section
  one hundred and ninety-three, relating to contracts for construction.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 189 - Highways by Use.

§  189.  Highways  by use. All lands which shall have been used by the
  public as a highway for the period of ten years  or  more,  shall  be  a
  highway,  with the same force and effect as if it had been duly laid out
  and recorded as a highway, and the town superintendent  shall  open  all
  such highways to the width of at least three rods.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 190 - Fences to Be Removed.

§  190.  Fences to be removed. Whenever a highway shall have been laid
  out through any inclosed, cultivated or improved lands, in conformity to
  the provisions of this chapter, the town superintendent  shall  give  to
  the  owner or occupant of the land through which such highway shall have
  been laid, sixty days' notice in writing to remove his  fences;  and  if
  such  owner  shall  not  remove  his  fences within sixty days, the town
  superintendent shall cause them to be  removed,  and  shall  direct  the
  highway to be opened and worked.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 191 - Highways or Roads Along Division Lines.

§  191.  Highways or roads along division lines. Whenever a highway or
  private road shall be laid along the division line between lands of  two
  or more persons, and wholly upon one side of the line, and the land upon
  both  sides  is  cultivated or improved, the persons owning or occupying
  the lands adjoining such highway or road shall be paid for building  and
  maintaining  such  additional  fence as they may be required to build or
  maintain, by reason of the laying out and opening such highway or  road;
  which  damages  shall  be  ascertained and determined in the same manner
  that other damages are ascertained and determined in the laying  out  of
  highways or private roads.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 192 - Adjournments.

§  192.  Adjournments.  If  any  accident  shall  prevent  any  of the
  proceedings required  by  this  chapter  relating  to  the  laying  out,
  altering  or  discontinuing of a highway, or the laying out of a private
  road, to be done on the day assigned, the proceedings may  be  adjourned
  to  some  other day, and the town superintendent shall publicly announce
  such adjournment.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 193 - Contracts for the Construction of Town Highways.

§ 193. Contracts for the construction of town highways. The town board
  of  any  town  may  provide  that  the  construction of new highways and
  bridges, or the permanent  improvement  or  reconstruction  of  existing
  highways  and  bridges  or  repairing,  rebuilding or replacing walks on
  highways less than two rods in  width  pursuant  to  the  provisions  of
  sections  one  hundred  forty,  one  hundred  fifty-one  and two hundred
  seventy-four of this chapter, the cost of which will exceed, the  amount
  specified  for  public  work  in  subdivision one of section one hundred
  three of the general municipal law shall be done  under  contracts.  All
  such   contracts  shall  be  awarded  by  the  town  superintendent,  in
  accordance  with  estimates,  plans  and  specifications   approved   or
  furnished  by  the  department  of  transportation,  as provided in this
  chapter, to the lowest responsible bidders, after advertisement pursuant
  to section one hundred three of the general municipal law. All bids  for
  such  work shall be opened in public and shall be filed in the office of
  the town clerk.   The person to whom  such  contract  is  awarded  shall
  execute  a  bond to the town, in a sum equal to at least one-half of the
  amount of the contracts, with two or more sureties to be approved by the
  town board, or in lieu thereof, a bond issued by  a  bonding  or  surety
  company  approved by the town board, in a sum equal to at least one-half
  of the  amount  of  the  contracts  and  conditioned  for  the  faithful
  compliance   with   the  terms  of  the  contract,  and  the  plans  and
  specifications and for payment of all damages which may  accrue  to  the
  town,  because  of  a  violation  thereof.  When  such work is completed
  pursuant to the terms of such contract, and the plans and specifications
  therefor, and accepted  by  the  town  board,  as  being  in  accordance
  therewith,  the cost of the work under the contract shall be paid out of
  moneys available therefor, in the same manner as other highway expenses.
  Payments made under such contract shall be upon certificates  issued  to
  the  contractor  by the town superintendent, to the effect that the work
  has been done under and in accordance with the terms of  such  contract,
  and  the plans and specifications. All work done under any such contract
  shall be under the supervision  of  the  town  superintendent,  or  some
  person  designated  by  him.  The  town  superintendent  shall  file all
  contracts awarded under this section with the town clerk within ten days
  after their execution.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 197 - Damages for Change of Grade.

§  197.  Damages  for  change  of  grade.  In any town in which a town
  highway shall be repaired, graded and macadamized from curb to  curb  by
  the  authorities of the town the owner or owners of the land adjacent to
  the said highway shall be entitled to recover from the town the  damages
  resulting from any change of grade.  A person claiming damages from such
  change  of  grade must present to the town board of such town 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  him.    If  no  agreement  be made within thirty days after the
  presentation of the claim, the person presenting it  may  apply  to  the
  supreme  court  to  determine  the compensation to which he is entitled.
  Notice of the application must be served upon the supervisor of the town
  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. Such town board,  shall,  in  determining  the
  compensation,  consider the fair value of the work done, or necessary to
  be done, in order to place the claimant's lands, or buildings, or  both,
  in  the  same  relation to the changed grade as they stood to the former
  grade, and make awards accordingly,  except  that  said  board  or  said
  commissioners may make an allowance for benefits derived by the claimant
  from  such  improvement. 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 town and the  supervisor  shall  pay  the
  same out of funds made available therefor by the town.
2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 198 - Interest on Damages for Change of Grade.

§  198. Interest on damages for change of grade. Whenever awards shall
  be lawfully made, pursuant to any statute of  this  state,  for  damages
  sustained  by  real  estate or any improvements thereon by reason of any
  change of grade of any street, avenue or  road  in  front  thereof,  the
  award  for the principal amount of damages sustained shall bear interest
  at the rate of six per centum per annum from the time of the  change  of
  grade to the time of the payment of the award.