2023 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.