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This entry was published on 2014-09-22
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Highway construction by local assessment in certain counties
§ 828. Highway construction by local assessment in certain counties.
The governing body of any county containing a population of less than
two hundred thousand and adjoining a city of the first class may
authorize the establishment of a plan for the grades of streets, avenues
and boulevards; the alteration of such plan of grades, or any plan
thereof, which shall have been established by law; the laying out,
opening, grading, construction, closing and change of line, or of the
width of any one or more of such streets, avenues and boulevards or any
other streets, avenues and boulevards, within said county, or any part
or parts thereof, and of the courtyards, sidewalks and roadways; to
provide for the estimation and award of the damages to be sustained, and
for the assessment on property intended to be benefited thereby, and
fixing assessment districts therefor, the levying, collection and
payment of such damages, and of all other charges and expenses to be
incurred, or which may be necessary in carrying out the provisions of
this section; the laying out of new or additional streets, avenues or
boulevards according to a general scheme or plan for the improvement of
highways in said town, the acceptance by town officers of conveyances of
land for public highways, naming and changing of names of streets and
avenues within the said county, the opening, laying out, grading,
construction, closing and change of line of any street, avenue or
boulevard within the county, provided, however, that nothing shall be
done hereunder in respect to or concerning any street, avenue or
boulevard situated within an incorporated village, without the consent
of the board of trustees of such incorporated village. The provisions,
however, for the defraying of expenses thereof by assessment as herein
provided, shall only be exercised on the petition of the property owners
who own more than one-half of the frontage on any such street, avenue or
boulevard, or on the certificate of the supervisor, justices of the
peace, and town clerk of the town in which said street, avenue or
boulevard is located, or two-thirds of such officers, that the same is
in their judgment proper and necessary for the public interest; or in
case the said street, avenue, or boulevard, in respect to which such
action is proposed to be taken, shall lie in two or more towns, on a
like certificate of such town officers of each of said towns, or
two-thirds of all of them; provided, however, that before proceeding to
make any such certificate, the said officers, or such number of them as
aforesaid, shall give ten days' notice by publication in one of the
weekly papers of said county and by posting in six public places in said
town, or in each of said towns, of the time and place at which they will
meet for the purpose of considering the same, at which meeting the
public and all persons interested may appear and be heard in relation
thereto; and provided that no such street or avenue shall be laid out,
opened or constructed upon or across any lands heretofore acquired by
the right of eminent domain, and be held in fee for depot purposes by
any railroad. In the event that the town maintains a website, one of the
posting requirements may be fulfilled by posting such information on the

Should the governing body of any such county at any time deem it for
the public interest to acquire title to lands and premises required for
any street, highway or boulevard heretofore or hereafter laid out,
widened, altered, extended or otherwise improved, it may acquire the
same by dedication, or by condemnation under the eminent domain
procedure law, provided, however, that no land shall be acquired for any
street, highway or boulevard in a village, without the consent of the
board of trustees of such village. Such board may direct, by a
two-thirds vote of the total voting power of the board, that the title
to any piece or parcel of land lying within the lines of any such
street, highway or boulevard shall be vested in the county upon the date
of recovery of such dedication or as provided in the eminent domain
procedure law. Thereafter, the property so acquired shall upon vesting
be held, appropriated, converted and used to and for such purpose
accordingly, in like manner as are other public streets in said county.
In such cases interest at the rate specified in section three-a of the
general municipal law upon the sum or sums to which the owners, lessees,
parties or persons are justly entitled as provided in the eminent domain
procedure law. Upon the vesting of title, the county or any person or
persons acting under its authority, may subject to compliance with the
eminent domain procedure law immediately, or at any time thereafter take
possession of the same, or any part or parts thereof, without any suit
or proceeding at law for that purpose. The title acquired by the county,
to lands and premises required for a street, shall be in trust, and such
lands and premises appropriated and kept open for, or as part of a
public street or highway, forever, in like manner as the other streets
in the county.