N.Y. Highway Law § 170: Survey for the laying out of a highway

§ 170. Survey for the laying out of a highway. Whenever the town

superintendent shall lay out any highway, either upon application to him

or otherwise, he shall notify the county superintendent, whose duty it

shall be to either make a survey, or cause the same to be made, and the

town superintendent shall incorporate the survey in an order to be

signed by him, and to be filed and recorded in the office of the town

clerk, who shall note the time of recording the same. Notwithstanding

the provisions of any general or special law, the county superintendent,

his agents, contractors or employees when engaged on work connected with

laying out a town highway, 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 the town board or determined

pursuant to the eminent domain procedure law. The cost of such survey

shall be a town charge payable in the same manner as other charges

against the town.