2023 New York Laws › CNT - County › Article 23 - Provisions Applicable to Certain Counties › 828 - Highway Construction by Local Assessment in Certain Counties.

§  828.  Highway construction by local assessment in certain counties.
  The governing body of any county containing a population  of  less  than
  two  hundred  thousand  and  adjoining  a  city  of  the first class may
  authorize the establishment of a plan for the grades of streets, avenues
  and boulevards; the alteration of such  plan  of  grades,  or  any  plan
  thereof,  which  shall  have  been  established  by law; the laying out,
  opening, grading, construction, closing and change of line,  or  of  the
  width  of any one or more of such streets, avenues and boulevards or any
  other streets, avenues and boulevards, within said county, or  any  part
  or  parts  thereof,  and  of  the courtyards, sidewalks and roadways; to
  provide for the estimation and award of the damages to be sustained, and
  for the assessment on property intended to  be  benefited  thereby,  and
  fixing  assessment  districts  therefor,  the  levying,  collection  and
  payment of such damages, and of all other charges  and  expenses  to  be
  incurred,  or  which  may be necessary in carrying out the provisions of
  this section; the laying out of new or additional  streets,  avenues  or
  boulevards  according to a general scheme or plan for the improvement of
  highways in said town, the acceptance by town officers of conveyances of
  land for public highways, naming and changing of names  of  streets  and
  avenues  within  the  said  county,  the  opening,  laying out, grading,
  construction, closing and change  of  line  of  any  street,  avenue  or
  boulevard  within  the  county, provided, however, that nothing shall be
  done hereunder in  respect  to  or  concerning  any  street,  avenue  or
  boulevard  situated  within an incorporated village, without the consent
  of the board of trustees of such incorporated village.  The  provisions,
  however,  for  the defraying of expenses thereof by assessment as herein
  provided, shall only be exercised on the petition of the property owners
  who own more than one-half of the frontage on any such street, avenue or
  boulevard, or on the certificate of  the  supervisor,  justices  of  the
  peace,  and  town  clerk  of  the  town  in which said street, avenue or
  boulevard is located, or two-thirds of such officers, that the  same  is
  in  their  judgment  proper and necessary for the public interest; or in
  case the said street, avenue, or boulevard, in  respect  to  which  such
  action  is  proposed  to  be taken, shall lie in two or more towns, on a
  like certificate of such  town  officers  of  each  of  said  towns,  or
  two-thirds  of all of them; provided, however, that before proceeding to
  make any such certificate, the said officers, or such number of them  as
  aforesaid,  shall  give  ten  days'  notice by publication in one of the
  weekly papers of said county and by posting in six public places in said
  town, or in each of said towns, of the time and place at which they will
  meet for the purpose of considering  the  same,  at  which  meeting  the
  public  and  all  persons interested may appear and be heard in relation
  thereto; and provided that no such street or avenue shall be  laid  out,
  opened  or  constructed  upon or across any lands heretofore acquired by
  the right of eminent domain, and be held in fee for  depot  purposes  by
  any railroad. In the event that the town maintains a website, one of the
  posting requirements may be fulfilled by posting such information on the
  website.
Should  the  governing body of any such county at any time deem it for
  the public interest to acquire title to lands and premises required  for
  any  street,  highway  or  boulevard  heretofore  or hereafter laid out,
  widened, altered, extended or otherwise improved,  it  may  acquire  the
  same  by  dedication,  or  by  condemnation  under  the  eminent  domain
  procedure law, provided, however, that no land shall be acquired for any
  street, highway or boulevard in a village, without the  consent  of  the
  board  of  trustees  of  such  village.  Such  board  may  direct,  by a
  two-thirds vote of the total voting power of the board, that  the  title
  to  any  piece  or  parcel  of  land  lying within the lines of any such

  street, highway or boulevard shall be vested in the county upon the date
  of recovery of such dedication or as provided in  the    eminent  domain
  procedure  law.  Thereafter, the property so acquired shall upon vesting
  be  held,  appropriated,  converted  and  used  to  and for such purpose
  accordingly, in like manner as are other public streets in said  county.
  In  such  cases interest at the rate specified in section three-a of the
  general municipal law upon the sum or sums to which the owners, lessees,
  parties or persons are justly entitled as provided in the eminent domain
  procedure law. Upon the vesting of title, the county or  any  person  or
  persons  acting  under its authority, may subject to compliance with the
  eminent domain procedure law immediately, or at any time thereafter take
  possession of the same, or any part or parts thereof, without  any  suit
  or proceeding at law for that purpose. The title acquired by the county,
  to lands and premises required for a street, shall be in trust, and such
  lands  and  premises  appropriated  and  kept  open for, or as part of a
  public street or highway, forever, in like manner as the  other  streets
  in the county.