N.Y. Transportation Corporations Law § 82: Location of route

§ 82. Location of route. Before commencing the construction of its

pipe line in any county, and before commencing any proceeding for the

condemnation of real property, such a corporation shall plainly mark the

route adopted and located by it by stakes consecutively numbered and

placed not more than twenty rods apart, and shall make a map and survey

of the route so located indicating thereon the points where such route

crosses each parcel of land not theretofore acquired, and shall cause

such map and survey to be certified by its president and engineer, and

filed in the office of the clerk of each county into or through which

such route passes. Such corporation shall give written notice of the

filing of such map and survey to the owner or occupant of every such

parcel of land, if he is known or can be ascertained, stating that such

route passes over or across his lands, as indicated thereon by such line

of stakes. Within fifteen days after the service of such notice, any

such owner or occupant feeling aggrieved by such location may give ten

days' written notice to the corporation, by service thereof upon its

president, engineer, or any director, and like notice to the owner or

occupant of any lands to be affected by the alteration of route to be

proposed, of the time and place of an application to a special term of

the supreme court in the judicial district in which the lands are

situated for the appointment of commissioners to relocate such route. If

the court shall determine that sufficient cause exists therefor, it

shall appoint three disinterested persons as commissioners to examine

the route located and the proposed alteration thereof, and direct the

mode of proceeding. The commissioners shall report to the court the

facts and their opinion as to the proposed alteration, and what, if any,

alteration should be made in such route, and the court shall thereupon

make an order finally determining the location of such route upon the

lands embraced therein, and fixing and adjusting the costs, fees, and

charges of the commissioners, and the costs and expenses of the

proceedings, and directing by which party the same shall be paid.

Payment thereof may be enforced by proceedings as for a contempt. Such

corporation shall not begin to construct or lay its line of pipe, or

commence proceedings for the condemnation of real property, in any

county, until after the expiration of fifteen days from the service of

the notice herein required, nor until all applications for a relocation

of its route in such county, if any are made, have been finally

determined.