N.Y. Highway Law § 81: Application of laws; exceptions

§ 81. Application of laws; exceptions. All provisions of this chapter

and related laws, including those applicable to acquisition of land or

rights and interests therein, as now existing or hereafter amended,

shall be applicable to the performance of the work authorized by this

article in the same manner as and to the extent that they are applicable

to the construction or improvement and subsequent maintenance and repair

of state highways generally unless the context thereof shall necessarily

indicate to the contrary, with the following exceptions:

(1) Projects upon county roads, town highways or village streets which

are not situate on the route of an unimproved state highway shall become

the responsibility of the town, county or village, as the case may be,

and upon the completion and acceptance of any such project, all rights

and duties of the state specially existing with respect thereto during

the course of the project shall terminate.

(2) Projects upon county roads, town highways or village streets which

are situate on the route of an unimproved state highway shall

nevertheless, upon such completion and acceptance, become a town, county

or village responsibility in the manner provided in paragraph (1),

above, if the commissioner of transportation, in his discretion, shall

so elect, such election to be manifested by his request for

subsequent-maintenance assurances from the town, county or village, as

the case may be.

(3) In cases falling under paragraphs (1) and (2), above, necessary

acquisitions of lands or rights and interests therein, for right of way

and other purposes when not acquired in connection with a federal aid

program by the commissioner of transportation pursuant to subdivision

thirty-four-a of section ten and sections thirty and eighty of this

chapter and the eminent domain procedure law, shall be subject to the

provisions of section one hundred eighteen of this chapter and the

provisions of section thirty of this chapter shall, in such event, be

inoperative except that the state, in connection with all such

acquisitions of lands or rights and interests therein, shall pay to the

person or other entity entitled thereto the amounts specified in

subdivisions ten and twelve of section thirty of this chapter and

section seven hundred two of the eminent domain procedure law and

perform the functions incidental thereto in the same manner as if such

acquisition had been made by the commissioner of transportation for

state highway purposes pursuant to section thirty of this chapter. In

connection with all such acquisitions of lands or rights and interests

therein by a county, such county shall provide in its acquisition

program that (a) every reasonable effort shall be made by the acquiring

agency to acquire the requisite lands or rights and interests therein by

negotiation, (b) to the greatest extent practicable no person lawfully

occupying the land shall be required to move from his home, farm or

business location without at least ninety days written notice from the

acquiring agency, and (c) it will be the policy of the acquiring agency,

before initiating negotiations for the lands, rights and interests

therein, to establish the amount which is believed to constitute just

compensation under the laws of this state and to make a prompt offer to

acquire the lands, rights and interests therein for the full amount so

established.