N.Y. Highway Law § 125: Land may be sold or leased; disposition of proceeds

§ 125. Land may be sold or leased; disposition of proceeds. Any lands

acquired by purchase or condemnation, for the purpose of obtaining

gravel, stone or other materials, for the construction or maintenance of

highways improved or constructed as provided in this article, or

required for spoil banks, may be sold in accordance with the eminent

domain procedure law or leased by the governing body of any county, when

no longer needed for any of such purposes. The proceeds thereof shall be

paid into and become a part of the county road fund. The governing body

may, where it has acquired land by purchase or condemnation as a

right-of-way for a county road, sell, convey, grant or lease to the

owner or owners of property adjoining the same, so much thereof as may

be unnecessary for such highway purposes, provided the strip of land

retained for such highway purposes is not less than sixty feet in width,

and provided such sale, conveyance, grant or lease will give said

adjoining owner or owners of land a frontage immediately in front of

their respective premises upon the new highway and right-of-way when

completed. The governing body may make such sale, conveyance, grant or

lease to such owner or owners of real property for the purpose of

compensating such owner or owners for damages sustained by reason of the

change of the location of such highway and in full settlement thereof.

In the county of Wayne, however, if any such owner or owners of

property adjoining lands heretofore acquired by said county from the R.

& S. Liquidating Corporation and being formerly lands of the Rochester &

Syracuse Trolley Company, for purposes of a right-of-way for a state

highway, do not purchase such lands or any part thereof as may be

unnecessary for highway purposes as provided by this section, within

sixty days from the receipt by such owner or owners of the offer of the

governing body of such county to sell such lands or any part thereof,

then such board may sell and convey such lands or any part thereof, on

the same terms and conditions as those of such offer or offers, to any

other person or persons, and the proceeds thereof shall be used in the

manner provided by this section.