This text of New York § 45 (Entry upon adjacent lands and streams) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state\nhighway or adjoining or in the bed or beds of any streams or creeks may\nbe entered upon and occupied by the commissioner of transportation, his\nrepresentatives and employees, or by a contractor or any of his agents\nor employees when directed by the commissioner of transportation or his\nrepresentative:\n 1. to open, maintain or construct an existing ditch or drain or for\nmaking surveys and for digging a new ditch or drain, or a section\nthereof, for the free passage of water for the drainage of such\nhighways.\n 2. to perform such work of construction, reconstruction, improvement\nor maintenance in order to keep the waters of such streams or creeks\nwithin their proper channels and to prevent their encroachment
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§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state\nhighway or adjoining or in the bed or beds of any streams or creeks may\nbe entered upon and occupied by the commissioner of transportation, his\nrepresentatives and employees, or by a contractor or any of his agents\nor employees when directed by the commissioner of transportation or his\nrepresentative:\n 1. to open, maintain or construct an existing ditch or drain or for\nmaking surveys and for digging a new ditch or drain, or a section\nthereof, for the free passage of water for the drainage of such\nhighways.\n 2. to perform such work of construction, reconstruction, improvement\nor maintenance in order to keep the waters of such streams or creeks\nwithin their proper channels and to prevent their encroachment upon\nstate highways or bridges thereon.\n 3. to remove or change the position of a fence or other obstruction\nwhich, in the judgment of the commissioner of transportation, prevents\nthe free flow of water under or through a state highway, bridge or\nculvert.\n 4. to remove any fence or other obstruction which, in the judgment of\nthe commissioner of transportation, causes snow to drift in and upon a\nstate highway, and to erect snow fences or other devices upon such lands\nto prevent the drifting of snow in or upon any such highway.\n 5. to inspect trees for the purpose of determining whether any are in\nsuch a condition as to constitute a danger to users of the adjacent\nhighway and to remove or prune those trees or parts thereof which in the\njudgment of the commissioner constitute such a danger.\n Notwithstanding the provisions of any general, special or local law or\nof any inconsistent provision of this chapter, claims for any damage\ncaused by such entry and work and not exceeding three hundred and fifty\ndollars may be adjusted by agreement by the commissioner of\ntransportation without appropriating any property. Upon making any such\nagreement and adjustment, and upon the approval thereof by the\ndepartment of audit and control, the commissioner of transportation\nshall deliver to the comptroller such agreement and a certificate\nstating the amount due such owner for damage caused by such entry and\nwork and the amount so fixed shall be paid out of the state treasury\nfrom moneys appropriated for the maintenance and repair of state\nhighways.\n