§ 118 — Acquisition by counties of lands for right-of-way and other purposes

New York § 118

• Jurisdiction: New York
• Law HAY: Highway
• Art. 6: County Roads

Text

§ 118. Acquisition by counties of lands for right-of-way and other\npurposes. 1. If a county road, proposed to be constructed or improved as\nprovided in this article, or which shall have been heretofore\nconstructed, or which it is proposed to repair or reconstruct as\nprovided in this article or in which it is proposed to change the course\nof a dangerous section thereof, shall deviate from the line of a highway\nalready existing, the board of supervisors of the county where such\nhighway is located shall provide the requisite right-of-way prior to the\nadvertisement for proposals. The execution by the property owner of an\noption to purchase, or of a release or agreement giving the county the\nright to enter and occupy property for highway purposes shall be deemed\nto be a sufficient acquisition of right-of-way under this article, and\nupon the certification of the board of supervisors that the county has\nsecured such options, releases or agreements from the reputed owners of\nall parcels of right-of-way called for by the plans, the county\nsuperintendent may proceed to advertise for proposals for the\nimprovement. The board of supervisors shall also secure all necessary\nrights-of-way for drains or ditches required to properly drain the\nhighway either during construction or after completion thereof and may\nalso acquire lands for the purpose of obtaining gravel, stone or other\nmaterial, when required for the construction, reconstruction,\nimprovement or maintenance of such highways, or for spoil banks,\ntogether with a right-of-way to such spoil banks and to any bed, pit,\nquarry or other place where such gravel, stone or other material may be\nlocated.\n 2. The board of supervisors may also acquire lands at any corner\nformed by the intersection of highways, for the purpose of removing\nobstructions therefrom which shut off the view to intersecting highways;\nthereby to afford visibility or sight distance of such highways near, at\nand across any corner of lands at highway intersections.\n 3. The board of supervisors may also acquire lands at any curve along\ncounty roads, for the purpose of removing obstructions therefrom which\nshut off the view of, to, over and along such highway; thereby to afford\nvisibility or sight distance at, over, along and across any such curve.\n 4. When requested by the commissioner of transportation, the board of\nsupervisors shall also provide lands or rights or interests therein,\nincluding designation of controlled-access highways pursuant to section\none hundred seventeen-b of this chapter, for rights of way and other\npurposes mentioned in this section, which the commissioner of\ntransportation shall require pursuant to the provisions of sections\neighty-one and eighty-four of this chapter. The execution by the\nproperty owner of an option to purchase, or of a release or agreement\ngiving the state or the county the right to enter and occupy property\nfor highway purposes shall be deemed to be sufficient acquisition of\nrights of way under this section, and upon the certification of the\nboard of supervisors to the commissioner of transportation that the\ncounty has acquired options, releases or agreements from the reputed\nowners of all parcels of rights of way and all rights and interests\ndeemed necessary, or has commenced condemnation proceedings with respect\nthereto, the commissioner of transportation may proceed to advertise for\nproposals for the improvement.\n 5. Notwithstanding the provisions of any general, special or local\nlaw, the county superintendent of highways, his agents, contractors or\nemployees when engaged on work connected with the county road system in\nthe county, may pursuant to the eminent domain procedure law enter upon\nany property for the purpose of making surveys, test pits, test borings,\nor other investigations. Claims for any damage caused by such work may\nbe adjusted by agreement by the chairman of the governing body, a member\nor a committee appointed for the purpose, or determined by supreme court\nin accordance with the eminent domain procedure law.\n 6. In the construction, reconstruction or improvement of a county road\nwhere an existing entrance or approach to private lands is wholly or\npartially destroyed as a result of a substantial change in the existing\ngrade, or for any other reason, the board of supervisors or a committee\nthereof authorized to acquire the necessary rights of way for said\ncounty road, may, upon the request of the abutting property owner\naffected, cause the reestablishment of the entrance, approach or\ndriveway to be adjusted to the grade of the new road, and the cost\nthereof shall be a county charge payable out of the county road fund. In\nsuch adjustment the details of the work shall be as determined by the\ncounty superintendent of highways. The county shall not be liable for\nthe maintenance of such adjusted and reestablished approaches or\ndriveways upon the lands of such abutting property owners, nor shall it\nbe liable for damages in connection therewith after the completion of\nsuch adjustment work.\n 7. Within appropriations made for the construction and maintenance of\ncounty roads, and upon recommendation of the county superintendent of\nhighways or upon its own motion, when it finds such action necessary in\nthe interest of the public safety and welfare, because of density of\npopulation, proximity of schools and the volume of vehicular and\npedestrian traffic the board of supervisors of a county may cause\nsidewalks for pedestrians to be constructed along any county road either\nin conjunction with or subsequent to the construction of such road and,\nif necessary, may acquire for such purpose property or easements thereto\npursuant to the provisions of article six of this chapter.\n