N.Y. Highway Law § 118-b: Entry upon lands by county superintendent

§ 118-b. Entry upon lands by county superintendent. The county

superintendent may, when authorized by the county board, enter

1. Upon any lands adjacent to any county road for the purpose of

opening an existing ditch or drain, or for digging a new ditch or drain

for the free passage of water for the drainage of such road.

2. Upon the lands of any person adjoining rivers, streams or creeks,

to drive piles, throw up embankments and perform such other labor as may

be necessary to keep such rivers, streams or creeks within their proper

channels, and to prevent their encroachment upon county roads or bridges

and culverts thereon.

3. Upon the lands adjoining county roads which, during the spring

freshets or at a time of high water are subject to overflow from such

rivers, streams or creeks, to remove or change the position of a fence

or other obstruction preventing the free flow of water under or through

such road or bridges and culverts thereon, whenever the same may be

necessary for the protection of such roads, bridges or culverts.

4. Upon any lands adjacent to county roads to remove any fence or

other obstruction which causes snow to drift in and upon such roads, and

erect snow fences or other devices upon such lands to prevent the

drifting of snow in or upon such roads.

Where lands are entered upon under the provisions of this section, the

county superintendent shall agree with the owner of such lands, subject

to the approval of the county board, as to the amount of damages, if

any, sustained by such owner in consequence of such entry in performance

of the work authorized by this section, and the amount of such damage

shall be a county charge. If the county superintendent is unable to

agree with such owner upon the amount of damages thus sustained the

amount thereof shall be ascertained, determined and paid in the manner

that damages are so ascertained, determined and paid, where

rights-of-way are necessary for the construction, reconstruction,

improvement or repair of county roads generally and the board of

supervisors is unable to acquire such rights-of-way by purchase.