N.Y. Highway Law § 122: Duties of commissioners of appraisal

§ 122. Duties of commissioners of appraisal. The commissioners of

appraisal shall take the oath of office prescribed by the constitution,

which oath shall be filed in the office of the county clerk of the

county. Upon the filing of such oath the title to the lands described in

the petition and map filed in the office of the county clerk shall vest

in the county for the purpose of a highway forever. The commissioners of

appraisal shall, with all reasonable diligence, proceed to examine such

highway and lands. The commissioners of appraisal shall cause a notice

to be published in two such newspapers as aforesaid, once each week for

two weeks successively next preceding the day of meeting mentioned in

such notice, that at a stated time and place within such county they

will meet for the purpose of hearing the parties claiming an interest in

the compensation to be awarded for the lands taken for such highways.

Said notice shall also state the fact that a map or maps showing the

land acquired had been filed in the county clerk's office. At the time

and place of said meeting and at any adjournment thereof which said

commissioners of appraisal shall publicly make, they shall hear the

proofs and allegations of all interested parties. They may adjourn the

proceedings before them from time to time, issue subpoenas or administer

oaths in such proceedings; and shall keep minutes of their proceedings

and reduce to writing all oral evidence given before them. They shall

thereafter make and sign a report in writing, to which they shall

assess, allow and state the amount of compensation to be sustained by

the owners of the several lots, pieces or parcels of land taken for the

purposes aforesaid. Such report shall contain the names of the owners of

any parcel of land acquired as aforesaid, except that in case the

commissioners of appraisal are unable to ascertain the names of such

owners, they may in place of the names of such undiscovered parties

insert the words "unknown owners, " in their report. The commissioners

of appraisal shall file their said report, together with the minutes of

their proceedings, in the office of the county clerk of such county.

After said report shall have been completed and filed as aforesaid, the

commissioners of appraisal shall, after publishing a notice in like

manner as that provided in section one hundred twenty, apply 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, to have the said report confirmed. If no sufficient reason to

the contrary shall appear, the court shall confirm said report.

Otherwise it may refer the same back to the said commissioners of

appraisal for revision or correction; and after such revision or

correction the same proceedings shall be taken as are hereinbefore

provided for, and the commissioners of appraisal shall in the same

manner make renewed application for the confirmation of such report, and

the court shall thereupon confirm or refer back the said report and such

proceedings shall be repeated until a report shall be presented which

shall be confirmed by the said court.