N.Y. Highway Law § 65: Lands may be sold or leased; disposition of proceeds

§ 65. Lands may be sold or leased; disposition of proceeds. Any lands

acquired by purchase or condemnation, for the purpose of obtaining

gravel, stone or other materials for the construction, reconstruction,

improvement or maintenance of highways as provided in this article, or

required for spoil banks, may, with the consent of the state

commissioner of transportation, be sold in accordance with the eminent

domain procedure law or leased by the governing body of the county which

acquired said lands, when no longer needed for any of such purposes. The

proceeds thereof shall be paid into the county treasury and shall become

a part of the county road fund. The governing body may, where it has

acquired lands by purchase or condemnation as a right-of-way for a state

highway, with the consent of the commissioner of transportation, sell,

convey, grant or lease to the owner or owners of property adjoining the

same, so much thereof as may be unnecessary for such highway purposes,

provided the strip of land retained for such highway purposes is not

less than sixty feet in width, and provided such sale, conveyance, grant

or lease will give said adjoining owner or owners of land a frontage

immediately in front of their respective premises upon the new highway

and right-of-way when completed. The governing body may make such sale,

conveyance, grant or lease to such owner or owners of real property for

the purpose of compensating such owner or owners for damages sustained

by reason of the change of the location of such highway and in full

settlement thereof.

In the county of Wayne, however, if any such owner or owners of

property adjoining lands acquired by said county from the R. & S.

Liquidating Corporation and being formerly lands of the Rochester &

Syracuse Trolley Company, for purposes of a right-of-way for a state

highway, do not purchase such lands or any part thereof as may be

unnecessary for highway purposes as provided by this section, within

sixty days from the receipt by such owner or owners of the offer of the

governing body of such county to sell such lands or any part thereof,

then such governing body may sell and convey such lands or any part

thereof on the same terms and conditions as those of such offer or

offers, to any other person or persons, and the proceeds thereof shall

be used in the manner provided by this section.