2023 New York Laws › HAY - Highway › Article 4 - Improvement With Federal Aid › 81 - Application of Laws; Exceptions.

§  81. Application of laws; exceptions. All provisions of this chapter
and related laws, including those applicable to acquisition of  land  or
rights  and  interests  therein,  as  now existing or hereafter amended,
shall be applicable to the performance of the work  authorized  by  this
article in the same manner as and to the extent that they are applicable
to the construction or improvement and subsequent maintenance and repair
of state highways generally unless the context thereof shall necessarily
indicate to the contrary, with the following exceptions:
(1) Projects upon county roads, town highways or village streets which
are not situate on the route of an unimproved state highway shall become
the  responsibility  of the town, county or village, as the case may be,
and upon the completion and acceptance of any such project,  all  rights
and  duties  of the state specially existing with respect thereto during
the course of the project shall terminate.
(2) Projects upon county roads, town highways or village streets which
are  situate  on  the  route  of  an  unimproved  state  highway   shall
nevertheless, upon such completion and acceptance, become a town, county
or  village  responsibility  in  the  manner  provided in paragraph (1),
above, if the commissioner of transportation, in his  discretion,  shall
so   elect,   such   election  to  be  manifested  by  his  request  for
subsequent-maintenance assurances from the town, county or  village,  as
the case may be.
(3)  In  cases  falling under paragraphs (1) and (2), above, necessary
acquisitions of lands or rights and interests therein, for right of  way
and  other  purposes  when not acquired in connection with a federal aid
program by the commissioner of transportation  pursuant  to  subdivision
thirty-four-a  of  section  ten  and  sections thirty and eighty of this
chapter and the eminent domain procedure law, shall be  subject  to  the
provisions  of  section  one  hundred  eighteen  of this chapter and the
provisions of section thirty of this chapter shall, in  such  event,  be
inoperative   except  that  the  state,  in  connection  with  all  such
acquisitions of lands or rights and interests therein, shall pay to  the
person  or  other  entity  entitled  thereto  the  amounts  specified in
subdivisions ten and twelve  of  section  thirty  of  this  chapter  and
section  seven  hundred  two  of  the  eminent  domain procedure law and
perform the functions incidental thereto in the same manner as  if  such
acquisition  had  been  made  by  the commissioner of transportation for
state highway purposes pursuant to section thirty of  this  chapter.  In
connection  with  all such acquisitions of lands or rights and interests
therein by a county,  such  county  shall  provide  in  its  acquisition
program  that (a) every reasonable effort shall be made by the acquiring
agency to acquire the requisite lands or rights and interests therein by
negotiation, (b) to the greatest extent practicable no  person  lawfully
occupying  the  land  shall  be  required to move from his home, farm or
business location without at least ninety days written notice  from  the
acquiring agency, and (c) it will be the policy of the acquiring agency,
before  initiating  negotiations  for  the  lands,  rights and interests
therein, to establish the amount which is believed  to  constitute  just
compensation  under the laws of this state and to make a prompt offer to
acquire the lands, rights and interests therein for the full  amount  so
established.