S T A T E O F N E W Y O R K
________________________________________________________________________
9924
I N A S S E M B L Y
April 24, 2012
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the highway law, in relation to requiring county highway
acquisitions to be made pursuant to the eminent domain procedure law;
and to repeal sections 121, 122 and 123 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2, 3, 4, 6 and 7 of section 118 of the
highway law, subdivisions 1, 2 and 3 as added by chapter 786 of the laws
of 1944, subdivision 4 as amended by chapter 1110 of the laws of 1971,
subdivision 6 as added by chapter 258 of the laws of 1953 and subdivi-
sion 7 as added by chapter 913 of the laws of 1960, are amended to read
as follows:
1. If a county road, proposed to be constructed or improved as
provided in this article, or which shall have been heretofore
constructed, or which it is proposed to repair or reconstruct as
provided in this article or in which it is proposed to change the course
of a dangerous section thereof, shall deviate from the line of a highway
already existing, the board of supervisors of the county where such
highway is located shall provide the requisite right-of-way prior to the
advertisement for proposals. The execution by the property owner of an
option to purchase, or of a release or agreement giving the county the
right to enter and occupy property for highway purposes shall be deemed
to be a sufficient acquisition of right-of-way under this article, and
upon the certification of the board of supervisors that the county has
secured such options, releases or agreements from the reputed owners of
all parcels of right-of-way called for by the plans, the county super-
intendent may proceed to advertise for proposals for the improvement.
The board of supervisors shall also secure all necessary rights-of-way
for drains or ditches required to properly drain the highway either
during construction or after completion thereof and may also acquire
lands for the purpose of obtaining gravel, stone or other material, when
required for the construction, reconstruction, improvement or mainte-
nance of such highways, or for spoil banks, together with a right-of-way
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11199-01-1
A. 9924 2
to such spoil banks and to any bed, pit, quarry or other place where
such gravel, stone or other material may be located. ALL SUCH
RIGHT-OF-WAY ACQUISITIONS HEREIN LISTED ARE TO BE MADE PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW.
2. The board of supervisors may also acquire lands, PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW, at any corner formed by the intersection
of highways, for the purpose of removing obstructions therefrom which
shut off the view to intersecting highways; thereby to afford visibility
or sight distance of such highways near, at and across any corner of
lands at highway intersections.
3. The board of supervisors may also acquire lands, PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW, at any curve along county roads, for the
purpose of removing obstructions therefrom which shut off the view of,
to, over and along such highway; thereby to afford visibility or sight
distance at, over, along and across any such curve.
4. When requested by the commissioner of transportation, the board of
supervisors, PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW, shall also
provide lands or rights or interests therein, including designation of
controlled-access highways pursuant to section one hundred seventeen-b
of this chapter, for rights of way and other purposes mentioned in this
section, which the commissioner of transportation shall require pursuant
to the provisions of sections eighty-one and eighty-four of this chap-
ter. The execution by the property owner of an option to purchase, or
of a release or agreement giving the state or the county the right to
enter and occupy property for highway purposes shall be deemed to be
sufficient acquisition of rights of way under this section, and upon the
certification of the board of supervisors to the commissioner of trans-
portation that the county has acquired options, releases or agreements
from the reputed owners of all parcels of rights of way and all rights
and interests deemed necessary, or has commenced [condemnation] EMINENT
DOMAIN proceedings with respect thereto, the commissioner of transporta-
tion may proceed to advertise for proposals for the improvement.
6. In the construction, reconstruction or improvement of a county road
where an existing entrance or approach to private lands is wholly or
partially destroyed as a result of a substantial change in the existing
grade, or for any other reason, the board of supervisors or a committee
thereof authorized to acquire the necessary rights of way for said coun-
ty road, may, upon the request of the abutting property owner affected,
cause the reestablishment of the entrance, approach or driveway to be
adjusted to the grade of the new road, and the cost thereof shall be a
county charge payable out of the county road fund. In such adjustment,
the details of the work shall be as determined by the county superinten-
dent of highways. The county shall not be liable for the maintenance of
such adjusted and reestablished approaches or driveways upon the lands
of such abutting property owners, nor shall it be liable for damages in
connection therewith after the completion of such adjustment work.
7. Within appropriations made for the construction and maintenance of
county roads, and upon recommendation of the county superintendent of
highways or upon its own motion, when it finds such action necessary in
the interest of the public safety and welfare, because of density of
population, proximity of schools and the volume of vehicular and pedes-
trian traffic the board of supervisors of a county may cause sidewalks
for pedestrians to be constructed along any county road either in
conjunction with or subsequent to the construction of such road and, if
necessary, may acquire for such purpose property or easements thereto
A. 9924 3
pursuant TO THE EMINENT DOMAIN PROCEDURE LAW AND to the provisions of
article six of this chapter.
S 2. The opening and closing paragraphs of section 118-b of the high-
way law, as added by chapter 546 of the laws of 1954, are amended to
read as follows:
The county superintendent may, when authorized by the county board AND
PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW, enter
Where lands are entered upon under the provisions of this section, the
county superintendent shall agree with the owner of such lands, subject
to the approval of the county board, as to the amount of damages, if
any, sustained by such owner in consequence of such entry in performance
of the work authorized by this section, and the amount of such damage
shall be a county charge. If the county superintendent is unable to
agree with such owner upon the amount of damages thus sustained, the
amount thereof shall be ascertained, determined and paid in the manner
that damages are so ascertained, determined and paid PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW, where rights-of-way are necessary for the
construction, reconstruction, improvement or repair of county roads
generally and the board of supervisors is unable to acquire such rights-
of-way by purchase.
S 3. Section 120 of the highway law, as added by chapter 786 of the
laws of 1944, is amended to read as follows:
S 120. [Petition to acquire] ACQUISITION OF lands. [If the board of
supervisors is unable to acquire land by purchase as provided for in
section one hundred nineteen of this chapter, the board may present to
the county court of the county or to the supreme court, at a special
term thereof, to be held in the judicial department in which said county
is located, a petition for the appointment of three commissioners of
appraisal to ascertain and determine the compensation to be paid to the
owners of the land to be acquired and to all persons interested therein.
Such petition shall describe the land to be acquired with reference to
the map upon which the same is shown which shall be annexed to such
petition. A copy of such petition and map shall be filed in the office
of the county clerk. Such petition shall be signed and verified in the
name of the board of supervisors, by the chairman or a member thereof
designated for that purpose by resolution. Notice of presentation of
such petition to such court shall be given by the petitioner by publish-
ing such notice in two newspapers published in such county, once in each
week for two weeks successively preceding the day of such presentation,
and also at least eight days preceding the day of such presentation by
serving a copy of such notice, personally or by mail, on the occupant or
owner of the land to be acquired, and by posting a copy of said notice
in not less than three public places in each town in which property to
be acquired is located] ACQUISITION OF LAND UNABLE TO BE ACQUIRED BY
PURCHASE, AS PROVIDED FOR IN SECTION ONE HUNDRED NINETEEN OF THIS ARTI-
CLE, SHALL BE ACQUIRED PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW.
S 4. Sections 121, 122 and 123 of the highway law are REPEALED.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.