N.Y. Highway Law § 209: Damages caused by discontinuance

§ 209. Damages caused by discontinuance. Any person or corporation

interested as owner or otherwise, in any lands and claiming any loss or

damages, legal or equitable, by reason of the discontinuance,

abandonment or closing of any street or highway, not within the limits

of an incorporated village, under or pursuant to the provisions of the

last two sections, may, upon ten days' written notice to the town

superintendent of the town in which such lands are situated apply to the

supreme court or to the county court of the county within which such

lands are situated for the appointment of commissioners of appraisal to

estimate and determine such loss and damage, whereupon the court shall

appoint three disinterested commissioners of appraisal to estimate and

determine such damage, and the amount of compensation to be paid by said

town therefor, who shall make their report thereupon to such court, and

which report when finally confirmed shall be final and conclusive in

respect thereto, and the legality and equity of any and all such claims

shall be determined by such commissioners of appraisal and by the court

upon the hearing of their report. Any loss or damage so estimated and

determined shall be paid by said town as in case of judgment.