N.Y. Highway Law § 180: Limitations upon laying out highways

§ 180. Limitations upon laying out highways. No highways shall be laid

out less than three rods in width, nor through buildings or any fixtures

or erections for the purpose of trade or manufactures, or any yard or

enclosure necessary to the use and enjoyment thereof, without the

consent of the owner or owners thereof, unless so ordered by the supreme

court in the judicial district in which the proposed highway is

situated; such order shall be made on the certificate of the town

superintendent of the town or towns in which the proposed highway is

situated, showing that the public interests will be greatly promoted by

the laying out and opening of such highway; a copy of the certificate

with eight days' notice of the time and place of the hearing before the

supreme court shall be served on the owners of the land, or if they are

not residents of the county upon the occupants; the supreme court upon

such certificates, and the proofs and other proceedings therein, may

order the highway to be laid out and opened, if it deems it necessary

and proper. Upon confirmation by the supreme court, the town

superintendent shall then lay out and open such highway as in other

cases. The provisions of this section shall not apply to buildings,

fixtures, erections, yards or enclosures, made or placed on such land

after an application for the laying out and opening the highway shall

have been made. In case the highway to be laid out shall constitute an

extension or continuation of a public highway already in use, and shall

not as to such new portion, exceed half a mile in length, the town

superintendent may lay out such extension or continuation of a width of

less than three rods, provided, however, that it be not less than the

widest part of the highway of which it is an extension or continuation.

In such case the town superintendent shall specify in his certificate

the precise width of the new portion of such highway, and shall certify

that such width is as great at least as the widest part of the highway

of which it is a continuation or extension. No highway shall be laid out

which shall be identical or substantially so with a highway previously

discontinued or abandoned for public purposes within seven years of such

discontinuance or abandonment, nor where other land or property has been

conveyed to the town at the time of such discontinuance or abandonment

in counties adjoining cities with upward of one million inhabitants.