N.Y. County Law § 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.