N.Y. Highway Law § 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.