reglab/statecodes huggingface dataset:
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 247 - Refusal to Repair Bridges.

§  247. Refusal to repair bridges. Whenever any such bridge shall have
  been or shall be so out of repair as to render it unsafe  for  travelers
  to  pass  over  the  same, or whenever any such bridge shall have fallen
  down, or been swept  away  by  a  freshet  or  otherwise,  if  the  town
  superintendent  of  the adjoining town or towns, after reasonable notice
  of such condition of the bridge, have neglected  or  refused,  or  shall
  neglect or refuse to repair or rebuild it, then whatever funds have been
  or  shall be necessarily or reasonably laid out or expended in repairing
  such bridge or in rebuilding the same, by  any  person  or  corporation,
  shall be a charge on such adjoining town or towns, each being liable for
  its  just  proportion;  and  the person or corporation who has made such
  expenditure, or shall make such expenditures, may apply to  the  supreme
  court, at a special term, for an order requiring such towns severally to
  reimburse such expenditures, which application shall be made upon papers
  to  be served upon the town superintendents of such towns at least eight
  days prior thereto; and the court may  grant  an  order  requiring  each
  adjoining  town  or towns to pay its just proportion of the expenditure,
  specifying the same; and the town superintendent of each of  such  towns
  shall  forthwith  serve a copy of such order upon the supervisor of each
  of their towns, who shall present the same to the board of  supervisors,
  at  their  next annual meeting. The board of supervisors shall raise the
  amount charged upon each town by the order, and cause  the  same  to  be
  collected  and  paid  to  such  persons  or  corporation as incurred the
  expenditure. The order shall be appealable.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 248 - Resolution of Board of Supervisors for Abolition of Toll Bridges.

§  248.  Resolution  of  board  of  supervisors  for abolition of toll
  bridges. The board of supervisors  of  any  county  may,  and  upon  the
  presentation  of  a petition signed by fifty per centum of the owners of
  real property and representing a majority of the assessed  valuation  of
  the  town  or  city  in which a toll bridge is wholly or partly situated
  must, except where such bridge extends between the state of New York and
  a foreign country, pass a resolution that public  interest  demands  the
  abolition  of  such  toll  bridge  situate  wholly or partly within said
  county. In  case  of  a  toll  bridge  situated  in  two  counties  such
  resolution  shall  be  a  concurrent  resolution passed by the boards of
  supervisors of the counties wherein said bridge is situated. Within  ten
  days  after  the  passage  of such resolution the clerk or clerks of the
  board or boards of supervisors shall transmit certified  copies  thereof
  to  the department of transportation. Before transmitting such certified
  copy or copies to the department of transportation, the board or  boards
  of supervisors shall investigate as to the value of such toll bridge and
  shall  prepare  an  estimate of the probable cost of acquiring the same,
  and the clerk or clerks shall transmit such estimate, together with  any
  data  in  relation  to  the value of such toll bridge which the board or
  boards of supervisors may secure, to the  department  of  transportation
  with the certified copy or copies of such resolution.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 249 - Investigation by the Department of Transportation.

§   249.  Investigation  by  the  department  of  transportation.  The
  department of transportation shall upon the receipt of  such  resolution
  or  concurrent  resolution, investigate and determine whether the bridge
  so sought to be abolished is of sufficient  public  importance  to  come
  within  the  provisions  of  this  article, taking into account the use,
  location and value of such toll bridge for the purpose of common traffic
  and travel and shall also investigate as  to  the  value  of  such  toll
  bridge and from the estimate and data transmitted by the board or boards
  of  supervisors,  or  from  such  other information as the department of
  transportation may secure, prepare an estimate of the probable  cost  of
  acquiring  such toll bridge. After such investigation such department of
  transportation  shall  certify  its  approval  or  disapproval  of  such
  resolution. If it shall disapprove such resolution, it shall certify its
  reasons  therefor  to  such  board or boards of supervisors. If it shall
  approve such resolution it shall certify its  approval  thereof  to  the
  attorney  general,  and  shall  transmit to him the estimate made by the
  department of transportation of the probable cost of acquiring such toll
  bridge, together with any data the department of transportation may have
  in its possession in relation to the value thereof.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 250 - Acquisition by Attorney General.

§  250.  Acquisition  by  attorney  general.  Upon the receipt of such
  certification of approval the attorney general shall, in the name of the
  people of the state, acquire title to said toll bridge and its franchise
  rights in accordance with the provisions of the eminent domain procedure
  law for the acquisition of property for public purposes. When said court
  shall have determined the  value  of  such  toll  bridge,  the  attorney
  general  shall  certify such determination to the comptroller and to the
  board or boards of supervisors of the county or  counties  wherein  such
  toll bridge is situated. After the receipt thereof, upon a majority vote
  of  the  board  or  boards of supervisors, they shall adopt a resolution
  approving the purchase of said toll bridge under the provisions of  this
  article  and providing for the payment of the county's share thereof and
  thereupon shall transmit a certified copy  of  such  resolution  to  the
  state  comptroller.  The  acquisition and purchase of toll bridges under
  the provisions of this article shall be taken up and carried forward  in
  the order in which they are finally designated as determined by the date
  of the receipt in each case of the certified copy of the approval by the
  commissioner of transportation.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 251 - Payment of Expense of Acquisition.

§  251.  Payment  of  expense  of acquisition. One-half of the expense
  incurred in the condemnation and acquirement of said toll  bridge  shall
  be  paid  by  the department of taxation and finance upon the warrant of
  the comptroller out of any specific appropriations made to carry on  the
  provisions  of this article, but no such payment shall be made until the
  county or counties in which said  toll  bridge  is  situate  shall  have
  complied  with  all  the  provisions  hereof.  One-half  of the expenses
  thereof shall be a charge, in the first instance,  upon  the  county  or
  counties  in  which  said  toll bridge is situate, and the same shall be
  paid by the county treasurer upon the requisition  of  the  comptroller,
  but  the amount so paid shall be apportioned by the board of supervisors
  so that thirty-five per centum of such cost shall be  a  general  county
  charge  and  fifteen per centum shall be a charge upon the town or towns
  or city or cities in which said toll bridge is wholly or partly located.
  In case a toll bridge is located in two counties the fifty per centum of
  the expense to be borne by the counties  shall  be  apportioned  between
  them on the basis of their assessed valuation and the fifteen per centum
  shall  be apportioned by the board of supervisors upon the town or towns
  or city or cities in the same manner. The  board  of  supervisors  of  a
  county,  the  town  board  of a town or the common council of a city may
  determine that the portion of the expense  chargeable  to  such  county,
  town,  or  city,  as  the  case  may be, shall be raised by taxation and
  levied and collected as other municipal taxes, or the money therefor may
  be raised, in whole or in part, pursuant to the local finance law.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 252 - Maintenance of Bridge.

§  252.  Maintenance  of  bridge.  When  a toll bridge shall have been
  acquired by the state under the provisions of this article it  shall  be
  maintained  as  a  free bridge and the expense thereof shall be a charge
  upon the town or towns or city or cities within which  it  is  situated.
  Upon the acquisition of any toll bridge as provided in this article, the
  board  or  boards of supervisors of the county or counties in which said
  toll bridge is located shall upon notice of such  acquisition  from  the
  comptroller,  accept  and  maintain  the  same  as a part of the highway
  system of said county or counties and such acceptance shall be deemed to
  have been formerly taken at the  expiration  of  twenty  days  from  the
  notice of said acquisition by the state comptroller.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 253 - Use of Toll Bridge by Public Service Corporations; Conditions; Powers of Town Board.

§  253. Use of toll bridge by public service corporations; conditions;
  powers of town board. After a bridge shall  be  acquired  by  the  state
  under  the provisions of this article, the same shall not be used by any
  railroad, telephone, gas, electric light, heat or power company  or  any
  other public service corporation, for any purpose except upon such terms
  and  the payment of such rental as shall be determined by the town board
  of the town or towns and the common council of the city or cities within
  which it is situated. The  money  received  therefor  shall  be  divided
  equally between the localities. The provisions of this section, however,
  shall not affect any existing contract for the use of such bridge by any
  such  corporation, except that the compensation provided for such use in
  such existing contract  shall  be  paid  to  the  localities  as  herein
  provided.
2023 New York Laws › HAY - Highway › Article 9 - Bridges › 255 - Unsafe Toll Bridge.

§  255.  Unsafe  toll  bridge.  Whenever complaint in writing on oath,
  shall be made to the town superintendent, of any town in which shall  be
  in  whole  or  in  part  any  toll  bridge  belonging  to  any person or
  corporation, representing that such  toll  bridge  has  from  any  cause
  become  and is unsafe for the public use, such town superintendent shall
  forthwith make a careful and thorough examination of such  toll  bridge,
  and  if upon the examination thereof he shall be of the opinion that the
  same has from any cause become dangerous or unsafe for  public  use,  he
  shall thereupon give immediate notice to the owners of such toll bridge,
  or  to any agent of such owners, acting as such agent in respect to such
  bridge, that  he  has,  on  complaint  made,  carefully  and  thoroughly
  examined  the  bridge,  and  found  it to be unsafe for public use. Such
  owners shall thereupon immediately  commence  repairing  the  same,  and
  cause  such  repairs  to  be  made  within one week from the day of such
  notice given, or such reasonable time thereafter as may be necessary  to
  thoroughly  repair the bridge, so as to make it in all respects safe and
  convenient for public use. For neglect  to  take  prompt  and  effective
  measures  so  to repair the bridge, its owners shall forfeit twenty-five
  dollars, and shall not demand or receive any toll for using  the  bridge
  until  the  same  shall be fully repaired. The town superintendent shall
  cause such repairs to be made and the owners  of  the  bridge  shall  be
  liable   for   the   expense  thereof,  and  for  the  services  of  the
  superintendent, and upon the neglect or refusal to  pay  the  same  upon
  presentation of an account therefor, the town superintendent may recover
  the same by action, in the name of the town.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 260 - Payment of Cost of State Highway.

§  260.  Payment  of  cost of state highway. The entire expense of the
  construction or improvement of a state highway  shall  be  paid  by  the
  department  of  taxation and finance upon the warrant of the comptroller
  issued upon the requisition of the department of transportation  out  of
  any  specific  appropriation  made  available  for  the  construction or
  improvement of state highways.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 261 - Apportionment and Source of Funds.

§  261.  Apportionment  and  source of funds. Construction of highways
  under this chapter shall proceed equitably  among  counties  as  far  as
  practicable, using as a basis the ratio that the unbuilt mileage in each
  county  bears  to  the  total  unbuilt  mileage  in the state, as herein
  provided. The  funds  necessary  to  provide  for  the  construction  or
  improvement  of  the  highways  designated in sections three hundred and
  forty and three hundred and forty-one of this chapter shall  be  derived
  from  the  proceeds  of  the  sale  of any bonds duly authorized for the
  construction or improvement of highways, from funds contributed  by  act
  of congress to the state of New York, for the construction of rural post
  roads,   from   funds   furnished   by  the  counties,  towns  or  other
  municipalities as provided by this chapter, or from funds  derived  from
  direct appropriations by the legislature.
The  obligation  of  the  state  for  any improvement provided in this
  chapter, based on the engineer's estimate of the  cost  may  be  reduced
  upon  the award of a contract therefor at an amount under which the cost
  to the state will be less than the original obligation.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 262 - Appropriations by State for the Maintenance, Repair, and Reconstruction of State Highways and State Owned Bridges Thereon.

§  262.  Appropriations  by  state  for  the  maintenance, repair, and
  reconstruction of state highways and state owned bridges thereon.  There
  shall   be  annually  appropriated  for  the  maintenance,  repair,  and
  reconstruction of  improved  state  highways  and  state  owned  bridges
  thereon,  an amount sufficient to provide therefor, based upon estimates
  by  counties,  prepared   and   submitted   by   the   commissioner   of
  transportation.    In  addition thereto there shall be appropriated each
  year for the same purposes an amount equal to  not  less  than  ten  per
  centum  of  the  amount  appropriated  for  counties  to  be  known as a
  maintenance  contingent  fund  to  be  used  by  the   commissioner   of
  transportation  in his discretion to supplement the amounts appropriated
  to each county for the maintenance, repair and reconstruction  of  state
  highways  and  state owned bridges thereon. Such appropriations shall be
  paid out of monies in the hands of the state department of taxation  and
  finance   not   otherwise  appropriated  on  vouchers  approved  by  the
  commissioner of transportation after audit by and on the warrant of  the
  state comptroller.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 263 - Payment for Construction in Connection With Railroad Grade Crossing Eliminations.

§  263.  Payment  for  construction  in connection with railroad grade
  crossing  eliminations.  In  carrying  out   railroad   grade   crossing
  elimination  work under the provisions of the railroad law and the grade
  crossing elimination act, if it becomes necessary, in  the  judgment  of
  the commissioner of transportation, to provide for highway facilities in
  those  instances where the department of transportation does not include
  the same as a part of  the  order  covering  the  construction  for  the
  payment  of  which  all  parties  to  the  elimination  are  required to
  participate, the commissioner of transportation is authorized to provide
  for the entire cost of such facilities out of any  funds  available  for
  construction,  improvement or reconstruction of highways and to have the
  same included in the department of transportation's order  and  to  have
  the  work  performed  as  directed  by  it.  Any additional right of way
  required for the facility provided  for  under  this  section  shall  be
  acquired  by the county in the same way as the county acquires necessary
  lands for state highway repair, construction or reconstruction or change
  of course as provided in section ten,  subdivision  twenty-one,  of  the
  highway law.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 264 - Provision of Funds by County or Town.

§  264.  Provision  of  funds by county or town. Whenever the board of
  supervisors shall have, by resolution, appropriated and made immediately
  available to the requisition of  the  department  of  transportation  an
  amount  sufficient  to  pay its share of the cost of the construction or
  improvement which is to be borne by the  county  within  which  a  state
  highway or section thereof is located, such amount so appropriated shall
  be  a  county  charge  and  shall be paid by the county treasurer of the
  county in which such highway or section thereof  is  located,  upon  the
  requisition  of  the  department of transportation.   Such amount may be
  provided pursuant to the local finance law, and the board of supervisors
  shall provide for the assessment, levy and collection by tax of  all  or
  any part of the share of the cost of such improvement apportioned to the
  county  which  has  not  been  provided  for  by  the issuance of county
  obligations. Any town may provide pursuant to the local  finance  law  a
  sufficient  sum  to  pay  the  share  of the cost of the construction or
  improvement of a state highway, which is to be  borne  by  the  town  as
  apportioned   by  the  department  of  transportation.    The  board  of
  supervisors shall, from time to time, impose upon the  taxable  property
  of  the  town a tax sufficient to pay the principal and interest of such
  town obligations, as the same shall become due. The board of supervisors
  shall provide for the assessment, levy and collection by tax of  all  or
  any  part of the share or shares of the town or towns which has not been
  provided for by the issuance of town obligations.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 265 - Levy of Tax Upon County.

§  265.  Levy of tax upon county. Each supervisor shall present to the
  clerk of the board of  supervisors,  on  or  before  November  tenth,  a
  statement  specifying the amount paid during the preceding year ended on
  October  thirty-first,  for   the   construction,   care,   maintenance,
  preservation  and  repair of public bridges over streams or other waters
  forming the boundary of such county. The board of supervisors shall levy
  upon the taxable property of the county a  sum  sufficient  to  pay  its
  proportion of such expense, and the same when collected shall be paid to
  the  supervisor  of  such town to be applied to the fund from which such
  expenses were paid.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 266 - Payment for Machinery, Tools, Equipment and Implements.

§  266.  Payment for machinery, tools, equipment and implements. After
  the  authorization  of  the  purchase  of  machinery  or  equipment   as
  prescribed  in  section one hundred forty-two, the town board may direct
  and authorize the supervisor to complete the purchase of such  machinery
  or  equipment.  If  bonds  or  notes are issued for the purchase of such
  machinery, willful failure of the town  superintendent  to  include  the
  amount  of  such  a  maturing  bond  or note and interest thereon in his
  highway estimate shall be reason for removal from office. The amount  of
  such  bond  or  note  and  the interest thereon shall be included in the
  estimate of the town superintendent  required  by  section  one  hundred
  forty-one  of  this  chapter to be prepared and filed by him in the year
  immediately preceding the due date of such obligation. The  estimate  or
  estimates  of  the  town superintendent, including the amount or amounts
  required to pay such bonds or notes, shall  not  exceed  the  limitation
  prescribed in section two hundred seventy-one of this chapter.
Provided, however, that the town board at the meeting thereof at which
  the  annual  estimate  is  adopted,  may appropriate from the unexpended
  balance of money raised or received for the  repair  or  improvement  of
  town highways, or from any other funds based on the estimate of the town
  superintendent,  a  sum  sufficient to pay a part or all of any bonds or
  notes and interest thereon, not exceeding  the  amount  earned  by  such
  machine,  machines  or equipment, for the total number of hours actually
  used  upon  the  highways  at  the  hourly  rate  fixed  by  the   state
  commissioner  of  transportation,  provided,  that no more than half the
  amount of such bonds or notes may be paid  from  the  moneys  raised  or
  received  for  the  repair  or  improvement  of highways, and the amount
  appropriated by the  town  board  shall  be  deducted  from  the  amount
  included in the estimate of the town superintendent.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 269 - Extraordinary Repairs of Highways and Bridges.

§  269.  Extraordinary repairs of highways and bridges. If any highway
  or bridge or the board walk on any highway less than two rods in  width,
  or  a  walk  built  to  replace  the  same under section one hundred and
  fifty-one, shall at any time be damaged or destroyed by the elements  or
  otherwise,  or become unsafe for public use and travel, or if any bridge
  or the board walk on any highway less than two rods  in  width,  or  any
  such  walk  built to replace the same, be condemned by the department of
  transportation, as provided in this  chapter,  the  town  superintendent
  shall  cause  the  same  to be immediately repaired or rebuilt, with the
  approval of the town board. Such highway or bridge or walk shall  be  so
  repaired  or  rebuilt in accordance with the directions or the plans and
  specifications prepared or approved by the county superintendent; except
  if the bridge or walk to be repaired or rebuilt is one  which  has  been
  condemned  by  the  department  of  transportation,  as provided in this
  chapter, the same shall be repaired or rebuilt in accordance with  plans
  and  specifications  to  be  prepared  or  approved by the department of
  transportation. The town clerk shall prepare  a  statement  showing  the
  probable  cost  of  improving,  repairing  or rebuilding such highway or
  bridge or walk, which statement  shall  be  signed  in  duplicate  by  a
  majority of the members of the town board, one of which duplicates shall
  be  filed  with  the  town clerk and one be delivered to the supervisor.
  The town clerk shall make a copy of such statement and transmit the same
  to the department of transportation. The supervisor shall  present  such
  statement  to  the  board  of  supervisors,  who  shall cause the amount
  contained in such statement to be assessed, levied and collected in  the
  same manner as amounts levied and collected for other highway and bridge
  purposes,  as provided by law. The amount so raised shall be paid to the
  supervisor to be expended for the purposes specified in such  statement.
  Nothing  herein contained shall be construed to prevent the financing of
  such repairing or rebuilding, in whole or in part, pursuant to the local
  finance law.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 270 - Audit of Damages Without Action.

§ 270. Audit of damages without action. The town board of any town may
  audit  as  a  town  charge, in the same manner as other town charges are
  audited, any one claim not exceeding five hundred dollars,  for  damages
  to  person  or  property, heretofore or hereafter sustained by reason of
  defective highways or bridges in the town, if in their  judgment  it  be
  for  the interest of the town so to do; but no claim shall be so audited
  unless it shall have been presented to the supervisor and town clerk  of
  the  town within ninety days after it accrued, nor if any action thereon
  shall be barred by the statute of limitations. The town board  may  also
  audit  any  unpaid  judgment heretofore or hereafter recovered against a
  town superintendent for any such damages, if such town  board  shall  be
  satisfied  that  he  acted  in  good  faith, and the defect causing such
  damage did not exist because of the  negligence  or  misconduct  of  the
  superintendent against whom such judgment shall have been recovered.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 272 - Submission of Propositions at Town Meetings.

§  272.  Submission of propositions at town meetings. A proposition to
  authorize the levy  and  collection  of  an  amount  greater  than  that
  specified  in  the  preceding  section  for  any of the purposes therein
  mentioned may be submitted upon the written application  of  twenty-five
  taxpayers  upon  the  last  town assessment-roll or by a majority of the
  members of the town board, at a biennial town meeting or a special  town
  meeting  duly  called as provided by law. The provisions of the town law
  relating to the submission of town propositions at a biennial or special
  town meeting shall apply to the submission of such propositions. If such
  proposition be adopted the town board shall  include  in  the  estimates
  contained  in  the  next  statement  submitted  by  it  to  the board of
  supervisors, as provided in section two  hundred  and  sixty-seven,  the
  amounts  authorized  to  be  raised by such proposition for the purposes
  therein  stated,  and  thereupon  such  amounts  shall  be  levied   and
  collected, and paid to the supervisor, to be expended by him as directed
  by such proposition.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 274 - Provision of Funds for Bridge and Highway Purposes.

§  274.  Provision  of  funds for bridge and highway purposes. Nothing
  contained in this chapter shall be construed to prevent the provision by
  a town, pursuant to the local finance law, in whole or in part, of funds
  to be expended for the following purposes:
1. Constructing, building, repairing or discontinuing any  highway  or
  bridge therein, or upon its borders.
2.  Repairing  or  rebuilding  any highway or bridge or board walk, or
  renewal thereof, on any highway less than two rods in width, which shall
  at any time be damaged or destroyed by the  elements  or  otherwise,  or
  become unsafe for public use and travel.
3.  Repairing or rebuilding any bridge which has been condemned by the
  commissioner of transportation, as provided in this chapter.
4. The purchase of snow fences or other structures to prevent drifting
  of snow on the highways.
If the highway or bridge, proposed to be constructed, built,  repaired
  or  discontinued,  is  situated in two or more towns in the same county,
  the board of supervisors shall, if application be made  by  any  one  of
  such  towns,  apportion  the  expense  thereof among such towns, in such
  proportion as shall be just.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 274-A - Power of County, City or Town to Provide Funds for Snow Removal.

§  274-a.  Power  of  county,  city  or town to provide funds for snow
  removal. The board of supervisors of any county, the governing board  or
  body  of  any city, the town board of any town, or the board of trustees
  of any village may provide funds for snow removal purposes and  for  the
  purchase  of  snow fences or other structures to prevent the drifting of
  snow on its streets or highways.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 277 - Assessment of Village Property.

§  277. Assessment of village property. In any town in which there may
  be an incorporated village, which forms a separate  road  district,  and
  wherein  the  roads  and  streets  are maintained at the expense of such
  village, all property within such village shall be exempt from the  levy
  and  collection  of taxes levied in the town, as provided by section two
  hundred sixty-seven of this chapter, for the repair and  improvement  of
  highways,  including sluices, culverts and bridges having a span of less
  than five feet. In addition a town board in such  town  may  exempt  all
  property  within  such  village  from  the  levy and collection of taxes
  levied in the town for such items provided for by subdivisions three and
  four of section one hundred forty-one of this chapter. The assessors  of
  such  town  shall  indicate  in  a separate column the value of the real
  property included in such incorporated village.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 278 - Statement by Clerk of Board of Supervisors.

§  278.  Statement  by clerk of board of supervisors. The clerk of the
  board of supervisors of each county shall, on or before the first day of
  January of  each  year,  transmit  to  the  state  comptroller  and  the
  commissioner  of  transportation a statement, signed and verified by the
  chairman of the board, and certified by the clerk, which shall state the
  name of each town, the assessed valuation  of  real  property,  and  the
  assessed  valuation  of personal property, each separately, in the towns
  outside incorporated villages, and the amount  of  tax  levied  therein,
  together  with  the tax rate for the repair and improvement of highways,
  including sluices, culverts and bridges having a span of less than  five
  feet. The towns' valuation of real property to be used in such statement
  shall  be  the valuation thereof, as it appears upon the assessment-roll
  for the year of the levy.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 281 - Mileage and Actual Valuation.

§  281.  Mileage  and  actual valuation. 1. The mileage of highways in
  towns to be used in determining the amounts to be  paid  to  such  towns
  under  the  provisions  of  this  article shall be the tables of mileage
  heretofore prepared by the state engineer, until the corrected tables of
  mileage prepared as provided in section ten of this chapter  are  filed.
  Such tables and all corrections thereof shall be filed in the department
  of transportation and with the comptroller. The actual valuation of real
  property  to  be  used  in  determining  such  amounts shall be the full
  valuation thereof, according to  the  latest  table  of  percentages  of
  assessments  as fixed and determined by the commissioner of taxation and
  finance.
2.  The  actual  valuation  shall  be  determined  by   applying   the
  percentages  contained in the latest table of percentages of assessments
  as fixed and determined by the state tax  commission,  to  the  assessed
  valuations  of  the several towns as they appear on the statement of the
  clerk of the board of supervisors for the year  prior  to  the  levy  of
  taxes  upon which is based the amounts to be paid as provided in section
  two hundred and seventy-nine.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 282 - Apportionment and Payment of State Money; Liability.

§  282.  Apportionment  and  payment  of  state  money; liability. The
  comptroller shall annually apportion to the towns,  upon  the  basis  of
  mileage  certified  to  him  by  the commissioner of transportation, the
  amounts so required to be paid by the state,  and  shall  forthwith  pay
  such  sums to the town supervisors of the several towns of the state. In
  his certificate, the comptroller shall set forth the name of each  town,
  the  number  of miles of highway for which maintenance is required to be
  provided by the town, the rate per mile of such  apportionment  and  the
  total amount allotted on account of such highways within the town.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 283 - Custody of Highway Moneys.

§  283.  Custody of highway moneys. All moneys levied and collected as
  provided in this article, all moneys collected as penalties  under  this
  chapter,  or  received  from any other source and available for highway,
  bridge and miscellaneous purposes and all moneys paid to the town by the
  state, as provided in sections two hundred seventy-nine, two hundred and
  eighty and two hundred eighty-two  and  as  provided  in  chapter  eight
  hundred  twenty-four  of  the laws of nineteen hundred fifty, as amended
  from time to time, shall be paid to the supervisor, who as such shall be
  the custodian thereof, and accountable therefor.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 284 - Expenditures for Repair and Improvement of Highways.

§ 284. Expenditures for repair and improvement of highways. The moneys
  levied  and  collected  for  the  repair  and  improvement  of highways,
  including sluices, culverts and bridges having a span of less than  five
  feet  and  boardwalks  or renewals thereof, the moneys received from the
  state, as provided by sections two hundred seventy-nine and two  hundred
  eighty-two,  and  such  other  moneys  as the town board, by resolution,
  shall have transferred pursuant to section one hundred thirteen  of  the
  town  law  or  pursuant  to  section  two  hundred eighty-five-a of this
  chapter shall be  expended  for  the  repair  and  improvement  of  such
  highways,  sluices,  culverts, and bridges and walks, at such places and
  in such manner as may be agreed upon by the  town  board  and  the  town
  superintendent  of  highways. Such agreement shall be written and signed
  in duplicate by a majority of the members of the town board, and by  the
  town  superintendent,  before  the  same  shall take effect. One of such
  duplicates shall be filed in the office of the town clerk and one in the
  office of the county superintendent. Such moneys shall be  paid  out  by
  the  supervisor  on  vouchers  approved  by  the  town superintendent in
  accordance with such written agreement.
The town board and town superintendent may also appropriate from  such
  moneys  such  a sum of money as they deem proper for the construction or
  repair of any public road, walk, place or avenue  upon  any  sand  beach
  separated by more than two miles of water from the main body of the town
  or  on  any island or part of an island in the town, although such road,
  walk, place or avenue is narrower than the width of highways required by
  statute, but the construction or repair of any such road, walk, place or
  avenue with such moneys on any such beach or on any such island or  part
  of  an  island shall not be construed as imposing any liability upon the
  town or upon the superintendent of highways for any injury to person  or
  property happening thereon.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 285 - Expenditures for Bridges and Other Highway Purposes.

§ 285. Expenditures for bridges and other highway purposes. The moneys
  levied  and collected, or raised by the issue and sale of bonds or notes
  and such other moneys as the  town  board,  by  resolution,  shall  have
  transferred  pursuant to section one hundred thirteen of the town law or
  pursuant to section two  hundred  eighty-five-a  of  this  chapter,  for
  highway  purposes,  other  than the repair or improvement of highways as
  specified in the preceding section, shall be paid out in accordance with
  the annual budget as modified by the town board, or by a vote of a  town
  meeting, as provided in this article.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 285-A - Transfers Between Highway Fund Accounts.

§  285-a. Transfers between highway fund accounts. (1) Notwithstanding
any other provisions of law and except as limited by this  section,  the
town  board  of  any  town may, by resolution, authorize the transfer of
moneys between any of the funds or accounts authorized  by  section  one
hundred forty-one of this chapter.
(2)  In  the  case  of  any  town which contains within its boundaries
territory which forms all or part of one  or  more  villages,  the  town
board  shall  not authorize the transfer of moneys from any of the funds
or accounts authorized by section one hundred forty-one of this  chapter
to  any other fund or account authorized by such section unless the fund
or account from which and to  which  such  moneys  are  proposed  to  be
transferred  are comprised of moneys which, if raised by taxes, would be
raised by taxes levied on property in the identical areas of the town.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 291 - Compensation of Supervisor and Town Clerk.

§  291. Compensation of supervisor and town clerk. Notwithstanding the
  provisions of section twenty-seven of the town law, members of boards of
  supervisors shall be allowed and paid the compensation provided by  law,
  for  services  of  members  of  boards  of  supervisors while serving as
  members of a committee known as the highway  officials  of  the  county,
  pursuant  to  section one hundred and ninety-five of this chapter, or as
  members of a road or highway committee while visiting and  inspecting  a
  road  being constructed and improved under the provisions of section one
  hundred and ninety-four of this chapter and  advising  with  the  county
  superintendent  of  highways  about the manner in which the work of such
  construction and improvement is being done or ought to be done, and  its
  acceptance  by  the  board,  or  as  members  of  a highway committee in
  acquiring land for rights of way, or spoil banks, or for the purposes of
  obtaining gravel, stone or other material when required pursuant to  the
  provisions  of  sections  thirty,  thirty-one  and  thirty-two  of  this
  chapter.
2023 New York Laws › HAY - Highway › Article 10 - Finances › 292 - Additional Expenditure for Improvement, Repair and Maintenance of Town Highways.

§  292. Additional expenditure for improvement, repair and maintenance
  of town highways. Upon the written application of twenty-five  taxpayers
  of  a  town,  filed  with the town clerk, the electors thereof may, at a
  regular or special town meeting, vote by ballot upon a  proposition  for
  the  expenditure  of a sum, not exceeding one-third of one per centum of
  the total taxable property of the town, including incorporated villages,
  in addition to the sum authorized by this chapter for  the  improvement,
  repair  and  maintenance of town highways in such town. Such proposition
  shall be submitted in the manner provided by law for the  submission  of
  questions  or  propositions  at  a  town meeting. If such proposition be
  adopted, the amount specified therein shall be a town charge  and  shall
  be  levied  and  collected  in the same manner as other town moneys, and
  when collected shall be paid to the  supervisor  and  expended  for  the
  purposes specified in such proposition as provided in this chapter.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 300 - Private Road.

§  300.  Private road. An application for a private road shall be made
  in writing to the town superintendent of the town in which it is  to  be
  located,  specifying  its width and location, courses and distances, and
  the names of the owners and occupants of the land through  which  it  is
  proposed to be laid out.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 301 - Jury to Determine Necessity and Assess Damages.

§  301.  Jury  to  determine  necessity  and  assess damages. The town
  superintendent to whom the application shall be made  shall  appoint  as
  early  a  day  as  the convenience of the parties interested will allow,
  when, at a place designated in the town, a jury will be selected for the
  purpose of determining upon the necessity of such road,  and  to  assess
  the damages by reason of the opening thereof.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 302 - Copy Application and Notice Delivered to Applicant.

§  302.  Copy application and notice delivered to applicant. Such town
  superintendent shall deliver to the applicant a copy of the application,
  to which shall be added a notice of the time and place appointed for the
  selection of the jury, addressed to the  owners  and  occupants  of  the
  land.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 303 - Copy and Notice to Be Served.

§  303.  Copy  and notice to be served. The applicant on receiving the
  copy and notice shall, on the same day,  or  the  next  day  thereafter,
  excluding  Sundays and holidays, cause such copy and notice to be served
  upon the persons to whom it is addressed, by delivering to each of  them
  who  reside  in the same town a copy thereof, or in case of his absence,
  by leaving the same at his residence and upon such as reside  elsewhere,
  by  depositing  in  the  postoffice  a  copy  thereof  to each, properly
  enclosed in  an  envelope,  addressed  to  them  respectively  at  their
  postoffice  address,  and  paying  the  postage  thereon, or, in case of
  infant owners, by like service upon their parent or guardian.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 304 - List of Jurors, and Drawing Jurors.

§  304. List of jurors, and drawing jurors. At such time and place, on
  due proof of the service of the notice, the town  superintendent  shall,
  in the presence of a justice of the peace of such town, to be designated
  by  him  and  who  shall be present at such time, openly draw thirty-six
  ballots from a box or other  receptacle  containing  the  names  of  the
  persons  who  are returned as jurors of the town to the courts of record
  of the county, upon the last list thereof, as certified  by  the  county
  clerk, as jurors to attend and determine upon the necessity of such road
  and  to assess the damages by reason of the opening thereof, on a day to
  which the proceeding shall then be  adjourned  by  him,  not  more  than
  fourteen  days  from  the day on which such jurors are drawn, unless the
  parties consent to a longer adjournment. The ballots  shall  be  of  the
  same  description  as  those  prescribed  to  be used by justices of the
  peace, for the purpose of procuring a jury to try an action in justices'
  courts. Such ballots may be, or may previously  have  been  prepared  by
  such justice of the peace. If a person whose name is thus drawn is not a
  resident freeholder of the town, the town superintendent shall set aside
  such  juror, and he may excuse any juror who comes within the provisions
  of section five hundred and forty-four of  the  judiciary  law,  and  in
  either  case, draw another ballot and continue to do so until thirty-six
  are drawn.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 305 - Delivery, Execution and Return of Venire.

§  305.  Delivery,  execution and return of venire. The justice of the
  peace attending upon such drawing of  jurors  shall  thereupon  issue  a
  venire,  and the same shall be delivered and executed in the same manner
  as a venire for jurors drawn in a justice's court, as provided  in,  and
  under  the  same penalty as provided in, the provisions of law governing
  the delivery, execution and return of a venire issued by  a  justice  of
  the peace for jurors drawn for service in the justices' courts.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 306 - Jury to Determine and Assess Damages; Fees of Justice of Peace and Constable.

§  306. Jury to determine and assess damages; fees of justice of peace
  and constable. At the time and place to which the  proceeding  has  been
  adjourned,  as  provided  in  section three hundred and four hereof, the
  town superintendent, and the justice of the peace so designated by  him,
  shall attend, and a jury of twelve shall then be openly drawn and chosen
  by  the  justice of the peace, in the same manner as juries are drawn in
  justices' courts, except that each party may peremptorily challenge  not
  more than six of the persons drawn as such jurors. The parties may elect
  to try the issue by a less number than twelve jurors, at any time before
  a  witness  is sworn. The persons so selected, as herein provided, shall
  constitute the jury and shall be sworn by the justice of the peace  well
  and  truly  to  determine as to the necessity of the road, and to assess
  the damages by reason of the opening thereof. The duties of the  justice
  of the peace in connection with such proceeding shall end after the jury
  is   sworn.  The  justice  of  the  peace  so  designated  by  the  town
  superintendent and the constable executing such venire,  shall  each  be
  entitled  to the same fees as may at any time be provided by law for the
  performance of similar duties in justices' courts, to  be  paid  by  the
  applicant.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 307 - Their Verdict.

§  307.  Their  verdict.  The  jury  shall view the premises, hear the
  allegations of the parties, and such witnesses as they may produce,  and
  if  they shall determine that the proposed road is necessary, they shall
  assess the damages to the person or persons through whose land it is  to
  pass, and deliver their verdict in writing to the town superintendent.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 308 - Value of Highway Discontinued.

§ 308. Value of highway discontinued. If the necessity of such private
  road has been occasioned by the alteration or discontinuance of a public
  highway  running  through  the lands belonging to a person through whose
  lands the private road is proposed to be opened,  the  jury  shall  take
  into  consideration  the  value  of the highway so discontinued, and the
  benefit resulting to the person by reason of  such  discontinuance,  and
  shall  deduct  the  same  from  the damages assessed for the opening and
  laying out of such private road.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 309 - Papers to Be Recorded in the Town Clerk's Office.

§  309.  Papers  to  be  recorded in the town clerk's office. The town
  superintendent shall annex to such verdict the  application,  and  their
  certificate  that  the road is laid out, and the same shall be filed and
  recorded in the town clerk's office.
2023 New York Laws › HAY - Highway › Article 11 - Miscellaneous Provisions › 310 - Damages to Be Paid Before Opening the Road.

§  310.  Damages  to  be  paid  before  opening  the road. The damages
  assessed by the jury shall be paid by the party for  whose  benefit  the
  road  is  laid  out,  before the road is opened or used; but if the jury
  shall certify that the necessity of such private road was occasioned  by
  the alteration or discontinuance of a public highway, such damages shall
  be paid by the town and refunded to the applicant.