New York § 209 Damages caused by discontinuance

New York Statutes

§ 209 — Damages caused by discontinuance

New York § 209

Law HAYHighway

Art. 8Town Highways

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Bluebook

N.Y. Highway § 209 (2026).

Text

  § 209. Damages caused by discontinuance. Any person or corporation\ninterested as owner or otherwise, in any lands and claiming any loss or\ndamages, legal or equitable, by reason of the discontinuance,\nabandonment or closing of any street or highway, not within the limits\nof an incorporated village, under or pursuant to the provisions of the\nlast two sections, may, upon ten days' written notice to the town\nsuperintendent of the town in which such lands are situated apply to the\nsupreme court or to the county court of the county within which such\nlands are situated for the appointment of commissioners of appraisal to\nestimate and determine such loss and damage, whereupon the court shall\nappoint three disinterested commissioners of appraisal to estimate and\ndetermine such damage,

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§ 209. Damages caused by discontinuance. Any person or corporation\ninterested as owner or otherwise, in any lands and claiming any loss or\ndamages, legal or equitable, by reason of the discontinuance,\nabandonment or closing of any street or highway, not within the limits\nof an incorporated village, under or pursuant to the provisions of the\nlast two sections, may, upon ten days' written notice to the town\nsuperintendent of the town in which such lands are situated apply to the\nsupreme court or to the county court of the county within which such\nlands are situated for the appointment of commissioners of appraisal to\nestimate and determine such loss and damage, whereupon the court shall\nappoint three disinterested commissioners of appraisal to estimate and\ndetermine such damage, and the amount of compensation to be paid by said\ntown therefor, who shall make their report thereupon to such court, and\nwhich report when finally confirmed shall be final and conclusive in\nrespect thereto, and the legality and equity of any and all such claims\nshall be determined by such commissioners of appraisal and by the court\nupon the hearing of their report. Any loss or damage so estimated and\ndetermined shall be paid by said town as in case of judgment.\n