§ 6-616 — Changing grade of street or bridge

§ 6-616. Changing grade of street or bridge. 1. If a village has\nexclusive control and jurisdiction of a street or bridge therein, it may\nchange the grade thereof. If such change of grade shall injuriously\naffect any building or land adjacent thereto, or the use thereof, the\nchange of grade, to the extent of the damage resulting therefrom, shall\nbe deemed the taking of such adjacent property for a public use. A\nperson claiming damages from such change of grade must present to the\nboard of trustees a verified claim therefor within sixty days after such\nchange of grade is effected. The board may agree with such owner upon\nthe amount of damages to be allowed to him, or make to him a verified\noffer to settle or compromise such claim. If no agreement be made within\nthirty days after the presentation of the claim, the person presenting\nit may apply pursuant to the eminent domain procedure law, to the\nsupreme court to determine the compensation to which he is entitled.\nNotice of the application must be served upon the board of trustees at\nleast 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. The amount agreed upon for such damages or\nthe award therefor, together with the costs, if any, allowed to the\nclaimant, shall be a charge against such village.\n 2. Whenever the grade of any street, highway or bridge in any village\nin this state shall be changed or altered so as to interfere in any\nmanner with any building or buildings situate thereon, or adjacent\nthereto, or the use thereof, or shall injure or damage the real property\nadjoining such highway so changed or altered, the owner or owners of\nsuch building or real estate may apply pursuant to the eminent domain\nprocedure law, to the supreme court in the judicial district in which\nsuch property is situated to ascertain and determine the amount of\ndamage sustained thereby; due notice of such application shall be given\nto the person or persons having competent authority to make such change\nor alteration. No person or property owner shall be entitled to recover\nany damages who shall, in writing, request or assent that the said grade\nof any such street shall be changed or altered. All damages ascertained\nand determined under the provisions of this subdivision, together with\nthe costs of such proceedings, shall be a charge, when allowable, upon\nthe village, town or other municipality chargeable with the maintenance\nof the street, highway or bridge so altered or changed; but no property\nowner or person instituting proceedings to recover damages under the\nprovisions of this subdivision shall be entitled to costs, unless the\nclaim for such damages shall have first been presented to and rejected\nby, or neglected to have been adjusted for thirty days after\npresentation by the trustees or other proper officers of said village,\ntown or municipality, nor in case such trustees or other proper officers\nshall have made an offer to settle or compromise such claim, which offer\nis declined by said property owner, unless he shall recover more than is\nso offered.\n This subdivision shall not apply to the change of grade of streets,\nhighways or bridges by village authorities nor to the change of grade,\nmade by the state, of a bridge or state highway, which is under the\nexclusive control, supervision or jurisdiction of the state, nor to the\nchange of grade, made by a county, of a bridge or county highway, which\nis under the exclusive control, supervision or jurisdiction of the\ncounty.\n 3. No proceeding or action under this section shall be maintained\nagainst the villages unless the same shall be commenced within one year\nafter the filing of the verified claim.\n