§ 197 — Damages for change of grade

New York § 197

• Jurisdiction: New York
• Law HAY: Highway
• Art. 8: Town Highways

Text

§ 197. Damages for change of grade. In any town in which a town\nhighway shall be repaired, graded and macadamized from curb to curb by\nthe authorities of the town the owner or owners of the land adjacent to\nthe said highway shall be entitled to recover from the town the damages\nresulting from any change of grade. A person claiming damages from such\nchange of grade must present to the town board of such town a verified\nclaim therefor within sixty days after such change of grade is effected.\nThe board may agree with such owner upon the amount of damages to be\nallowed him. If no agreement be made within thirty days after the\npresentation of the claim, the person presenting it may apply to the\nsupreme court to determine the compensation to which he is entitled.\nNotice of the application must be served upon the supervisor of the town\nat least ten days before the hearing thereof. All proceedings shall be\ntaken in accordance with the provisions of the eminent domain procedure\nlaw so far as applicable. Such town board, shall, in determining the\ncompensation, consider the fair value of the work done, or necessary to\nbe done, in order to place the claimant's lands, or buildings, or both,\nin the same relation to the changed grade as they stood to the former\ngrade, and make awards accordingly, except that said board or said\ncommissioners may make an allowance for benefits derived by the claimant\nfrom such improvement. The amount agreed upon for such damages, or the\naward therefor together with the costs, if any, allowed to the claimant,\nshall be a charge against such town and the supervisor shall pay the\nsame out of funds made available therefor by the town.\n