N.Y. Highway Law § 185: Difference about improvements

§ 185. Difference about improvements. When the town superintendent or

the officers of a village or city having the powers of town

superintendents therein, shall desire to make a new or altered highway

extending beyond the bounds of such town, village or city, a better

highway than is usually made for a common highway, with a special grade

or roadbed, drainage or improved plan, and are willing to bear the whole

or a part of the expense thereof beyond such bounds, but cannot agree in

regard to the same, upon written application of either of the

superintendents or officers and notice to all parties interested, such

court shall make an equitable adjustment of the matters, and may direct

that in consideration of the payment of such portion of the additional

expense by the town, village or city that desires the improved and

better highway, as shall be equitable, its officers, contractors,

servants and agents may go into such town, village or city, and make the

grade and roadbed, and do whatever may be necessary and proper for the

completion of such better highway, advancing the money to do it; the

amount of damages to each owner or occupant shall be ascertained and

determined by the supreme court in accordance with the eminent domain

procedure law, such court shall, on notice to all parties interested,

direct that the amount of damages assessed each owner or occupant, if

any and all such expenses be paid by each, any or all of such towns,

villages or cities as shall be just and equitable, and the damages and

expenses assessed and allowed, as in this and the last preceding

sections, shall be paid and collected as if fixed by the town

superintendents of the towns, or the officers of such villages or cities

having the powers of such superintendents.