§ 81 — Application of laws; exceptions

§ 81. Application of laws; exceptions. All provisions of this chapter\nand related laws, including those applicable to acquisition of land or\nrights and interests therein, as now existing or hereafter amended,\nshall be applicable to the performance of the work authorized by this\narticle in the same manner as and to the extent that they are applicable\nto the construction or improvement and subsequent maintenance and repair\nof state highways generally unless the context thereof shall necessarily\nindicate to the contrary, with the following exceptions:\n (1) Projects upon county roads, town highways or village streets which\nare not situate on the route of an unimproved state highway shall become\nthe responsibility of the town, county or village, as the case may be,\nand upon the completion and acceptance of any such project, all rights\nand duties of the state specially existing with respect thereto during\nthe course of the project shall terminate.\n (2) Projects upon county roads, town highways or village streets which\nare situate on the route of an unimproved state highway shall\nnevertheless, upon such completion and acceptance, become a town, county\nor village responsibility in the manner provided in paragraph (1),\nabove, if the commissioner of transportation, in his discretion, shall\nso elect, such election to be manifested by his request for\nsubsequent-maintenance assurances from the town, county or village, as\nthe case may be.\n (3) In cases falling under paragraphs (1) and (2), above, necessary\nacquisitions of lands or rights and interests therein, for right of way\nand other purposes when not acquired in connection with a federal aid\nprogram by the commissioner of transportation pursuant to subdivision\nthirty-four-a of section ten and sections thirty and eighty of this\nchapter and the eminent domain procedure law, shall be subject to the\nprovisions of section one hundred eighteen of this chapter and the\nprovisions of section thirty of this chapter shall, in such event, be\ninoperative except that the state, in connection with all such\nacquisitions of lands or rights and interests therein, shall pay to the\nperson or other entity entitled thereto the amounts specified in\nsubdivisions ten and twelve of section thirty of this chapter and\nsection seven hundred two of the eminent domain procedure law and\nperform the functions incidental thereto in the same manner as if such\nacquisition had been made by the commissioner of transportation for\nstate highway purposes pursuant to section thirty of this chapter. In\nconnection with all such acquisitions of lands or rights and interests\ntherein by a county, such county shall provide in its acquisition\nprogram that (a) every reasonable effort shall be made by the acquiring\nagency to acquire the requisite lands or rights and interests therein by\nnegotiation, (b) to the greatest extent practicable no person lawfully\noccupying the land shall be required to move from his home, farm or\nbusiness location without at least ninety days written notice from the\nacquiring agency, and (c) it will be the policy of the acquiring agency,\nbefore initiating negotiations for the lands, rights and interests\ntherein, to establish the amount which is believed to constitute just\ncompensation under the laws of this state and to make a prompt offer to\nacquire the lands, rights and interests therein for the full amount so\nestablished.\n