N.Y. Highway Law § 173: Petition for acquisition

§ 173. Petition for acquisition. Whenever the town superintendent of

highways of any township shall determine that public necessity requires

the laying out of a new or additional highway, and the land therefor

cannot be obtained by the dedication of the owners thereof, or if a

highway proposed to be constructed or improved shall deviate from the

line of the highway already existing and the town board be unable to

acquire land by purchase for such requisite right of way as provided by

section one hundred and seventy-one of this chapter, he may apply to the

town board of his town for permission to institute a proceeding to

acquire so much land as may be necessary to lay out such new or

additional highway, and when such consent shall have been given by the

town board of such town, the said town superintendent of highways may

make application pursuant to the eminent domain procedure law to supreme

court in the judicial district in which such proposed highway is

situated, to obtain an order for permission to file an acquisition map

of the property to be acquired.