N.Y. Highway Law § 45: Entry upon adjacent lands and streams

§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state

highway or adjoining or in the bed or beds of any streams or creeks may

be entered upon and occupied by the commissioner of transportation, his

representatives and employees, or by a contractor or any of his agents

or employees when directed by the commissioner of transportation or his

representative:

1. to open, maintain or construct an existing ditch or drain or for

making surveys and for digging a new ditch or drain, or a section

thereof, for the free passage of water for the drainage of such

highways.

2. to perform such work of construction, reconstruction, improvement

or maintenance in order to keep the waters of such streams or creeks

within their proper channels and to prevent their encroachment upon

state highways or bridges thereon.

3. to remove or change the position of a fence or other obstruction

which, in the judgment of the commissioner of transportation, prevents

the free flow of water under or through a state highway, bridge or

culvert.

4. to remove any fence or other obstruction which, in the judgment of

the commissioner of transportation, causes snow to drift in and upon a

state highway, and to erect snow fences or other devices upon such lands

to prevent the drifting of snow in or upon any such highway.

5. to inspect trees for the purpose of determining whether any are in

such a condition as to constitute a danger to users of the adjacent

highway and to remove or prune those trees or parts thereof which in the

judgment of the commissioner constitute such a danger.

Notwithstanding the provisions of any general, special or local law or

of any inconsistent provision of this chapter, claims for any damage

caused by such entry and work and not exceeding three hundred and fifty

dollars may be adjusted by agreement by the commissioner of

transportation without appropriating any property. Upon making any such

agreement and adjustment, and upon the approval thereof by the

department of audit and control, the commissioner of transportation

shall deliver to the comptroller such agreement and a certificate

stating the amount due such owner for damage caused by such entry and

work and the amount so fixed shall be paid out of the state treasury

from moneys appropriated for the maintenance and repair of state

highways.