N.Y. Highway Law § 197: Damages for change of grade

§ 197. Damages for change of grade. In any town in which a town

highway shall be repaired, graded and macadamized from curb to curb by

the authorities of the town the owner or owners of the land adjacent to

the said highway shall be entitled to recover from the town the damages

resulting from any change of grade. A person claiming damages from such

change of grade must present to the town board of such town a verified

claim therefor within sixty days after such change of grade is effected.

The board may agree with such owner upon the amount of damages to be

allowed him. If no agreement be made within thirty days after the

presentation of the claim, the person presenting it may apply to the

supreme court to determine the compensation to which he is entitled.

Notice of the application must be served upon the supervisor of the town

at least ten days before the hearing thereof. All proceedings shall be

taken in accordance with the provisions of the eminent domain procedure

law so far as applicable. Such town board, shall, in determining the

compensation, consider the fair value of the work done, or necessary to

be done, in order to place the claimant's lands, or buildings, or both,

in the same relation to the changed grade as they stood to the former

grade, and make awards accordingly, except that said board or said

commissioners may make an allowance for benefits derived by the claimant

from such improvement. The amount agreed upon for such damages, or the

award therefor together with the costs, if any, allowed to the claimant,

shall be a charge against such town and the supervisor shall pay the

same out of funds made available therefor by the town.