N.Y. State Law § 59: Survey and map of lands to be acquired; appropriation of land

§ 59. Survey and map of lands to be acquired; appropriation of land.

When directed by the governor to acquire designated lands, structures or

waters, for the purposes hereinbefore prescribed, the commission shall

cause a survey and map of such lands to be made. The members of such

commission and its duly authorized agents and employees may enter upon

such lands, and the structures and waters thereon, for the purpose of

making such survey and map. There shall be annexed thereto a certificate

executed by the members of the commission, stating that the lands and

the structures and waters thereon, described in such survey and map, are

necessary for purposes of public defense and for other public purposes

incidental thereto including public highway purposes. If any rights of

way, easements or other estates or interests in lands are acquired for

public highway purposes, the certificate of the commission shall include

a description of the strips of land to be used for such purposes. The

original of such survey and map and the certificates annexed thereto

shall be submitted to the governor, and if approved by him, it shall be

filed in the office of the department of state. A copy of such survey,

map and certificates, certified by the department of state, shall be

filed by the commission in the office of the county clerk of each county

in which such lands, or any portion thereof, are situated.

From the time of the filing of the said survey and map in the office

of the department of state, entry upon and appropriation by the state,

of the property described in such survey and map for the purposes

hereinbefore prescribed, shall be deemed complete and the strips of land

selected for such public highway purposes shall thereupon become and be

and forever continue to be open and established public highways. The

commission shall, immediately upon such filing of the survey and map in

the office of the department of state, enter upon and take possession of

all the lands, structures and waters described in such survey and map.

The commission shall thereupon cause the strips of land selected for

public highway purposes to be constructed and improved as such. The

expenses of such construction and improvement shall be paid from the

treasury out of funds appropriated therefor, on the audit and warrant of

the comptroller. Such highways shall thereafter be maintained and

repaired under the direct supervision and control of the department of

transportation as a part of the improved highways of the state,

excepting however, that state highway ninety-one hundred and four, lying

wholly within the borough of Queens, city of New York shall hereafter be

maintained and repaired under the direct supervision and control of the

city of New York as a city street for street purposes in accordance with

the provisions of the administrative code of the city of New York.