N.Y. Village Law § 6-616: Changing grade of street or bridge

§ 6-616. Changing grade of street or bridge. 1. If a village has

exclusive control and jurisdiction of a street or bridge therein, it may

change the grade thereof. If such change of grade shall injuriously

affect any building or land adjacent thereto, or the use thereof, the

change of grade, to the extent of the damage resulting therefrom, shall

be deemed the taking of such adjacent property for a public use. A

person claiming damages from such change of grade must present to the

board of trustees a verified claim therefor within sixty days after such

change of grade is effected. The board may agree with such owner upon

the amount of damages to be allowed to him, or make to him a verified

offer to settle or compromise such claim. If no agreement be made within

thirty days after the presentation of the claim, the person presenting

it may apply pursuant to the eminent domain procedure law, to the

supreme court to determine the compensation to which he is entitled.

Notice of the application must be served upon the board of trustees at

least ten days before the hearing thereof. All proceedings shall be

taken in accordance with the provisions of the eminent domain procedure

law, so far as applicable. The amount agreed upon for such damages or

the award therefor, together with the costs, if any, allowed to the

claimant, shall be a charge against such village.

2. Whenever the grade of any street, highway or bridge in any village

in this state shall be changed or altered so as to interfere in any

manner with any building or buildings situate thereon, or adjacent

thereto, or the use thereof, or shall injure or damage the real property

adjoining such highway so changed or altered, the owner or owners of

such building or real estate may apply pursuant to the eminent domain

procedure law, to the supreme court in the judicial district in which

such property is situated to ascertain and determine the amount of

damage sustained thereby; due notice of such application shall be given

to the person or persons having competent authority to make such change

or alteration. No person or property owner shall be entitled to recover

any damages who shall, in writing, request or assent that the said grade

of any such street shall be changed or altered. All damages ascertained

and determined under the provisions of this subdivision, together with

the costs of such proceedings, shall be a charge, when allowable, upon

the village, town or other municipality chargeable with the maintenance

of the street, highway or bridge so altered or changed; but no property

owner or person instituting proceedings to recover damages under the

provisions of this subdivision shall be entitled to costs, unless the

claim for such damages shall have first been presented to and rejected

by, or neglected to have been adjusted for thirty days after

presentation by the trustees or other proper officers of said village,

town or municipality, nor in case such trustees or other proper officers

shall have made an offer to settle or compromise such claim, which offer

is declined by said property owner, unless he shall recover more than is

so offered.

This subdivision shall not apply to the change of grade of streets,

highways or bridges by village authorities nor to the change of grade,

made by the state, of a bridge or state highway, which is under the

exclusive control, supervision or jurisdiction of the state, nor to the

change of grade, made by a county, of a bridge or county highway, which

is under the exclusive control, supervision or jurisdiction of the

county.

3. No proceeding or action under this section shall be maintained

against the villages unless the same shall be commenced within one year

after the filing of the verified claim.