N.Y. Highway Law § 120: Petition to acquire lands

§ 120. Petition to acquire lands. If the board of supervisors is

unable to acquire land by purchase as provided for in section one

hundred nineteen of this chapter, the board may present to the county

court of the county or to the supreme court, at a special term thereof,

to be held in the judicial department in which said county is located, a

petition for the appointment of three commissioners of appraisal to

ascertain and determine the compensation to be paid to the owners of the

land to be acquired and to all persons interested therein. Such petition

shall describe the land to be acquired with reference to the map upon

which the same is shown which shall be annexed to such petition. A copy

of such petition and map shall be filed in the office of the county

clerk. Such petition shall be signed and verified in the name of the

board of supervisors, by the chairman or a member thereof designated for

that purpose by resolution. Notice of presentation of such petition to

such court shall be given by the petitioner by publishing such notice in

two newspapers published in such county, once in each week for two weeks

successively preceding the day of such presentation, and also at least

eight days preceding the day of such presentation by serving a copy of

such notice, personally or by mail, on the occupant or owner of the land

to be acquired, and by posting a copy of said notice in not less than

three public places in each town in which property to be acquired is

located.