N.Y. State Law § 60: Entry upon lands for purposes of United States survey

§ 60. Entry upon lands for purposes of United States survey. Any

person employed under and by virtue of an act of congress of the United

States, passed the tenth day of February, one thousand eight hundred and

seven, and of the supplements thereto, may enter upon lands within this

state for the purpose of exploring, triangulating, leveling, surveying

and doing any other act which may be necessary to carry out the objects

of said laws, and may erect any works, stations, buildings and

appendages requisite for that purpose, doing no unnecessary injury

thereby.

If the parties interested can not agree upon the amount to be paid for

damages caused thereby, either of them may petition the supreme court in

the county in which the land is situated, which court shall appoint a

time for a hearing as soon as may be, and order at least fourteen days'

notice to be given to all parties interested, and with or without a view

of the premises, as the court may determine, hear the parties and their

witnesses and assess damages.

The person so entering upon land may tender to the party injured

amends therefor, and if in case of appeal to the supreme court the

damages finally assessed do not exceed the amount tendered, the person

entering shall recover costs, otherwise the prevailing party shall

recover costs.

The costs to be allowed in all such cases shall be the same as allowed

according to rules by the court.

If any person shall wilfully deface, injure, or remove any signal,

monument, building, or other property of the United States coast and

geodetic survey, constructed or used under or by virtue of the acts of

congress aforesaid, he shall forfeit a sum not exceeding fifty dollars

for each offense, and shall be liable for damages sustained by the

United States in consequence of such defacing, injury or removal, to be

recovered in an action on the case in any court of competent

jurisdiction.