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This entry was published on 2014-09-22
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Streets outside cities
§ 131-f. Streets outside cities. When any territory in a county
containing an incorporated city of one hundred thousand inhabitants or
upward, lying outside the limits of such city, has been mapped into
streets and avenues pursuant to law, the board of supervisors may
authorize the establishment of a plan for the grade of such streets and
avenues; the alteration of such plan of grades, or of any plan thereof
that shall have been established by law; the laying out, opening,
grading, constructing, closing and change of line or width, of any one
or more of them, and provide for the assessment on property intended to
be benefited thereby, and fixing assessment districts therefor, and for
the levy, collection and payment of the amount of damages sustained and
the charges and expenses incurred, or which may be necessary to incur in
carrying out such provisions; the laying out of new or additional
streets and avenues upon the established map or plan thereof, the
acceptance by town officers of conveyances of lands, for public
highways, the naming and changing of names of streets and avenues laid
down on said map or plan, and the numbering or renumbering of houses and
building lots fronting on such streets and avenues. But such last named
power in regard to the alteration of said map or plan, laying out,
opening, grading, constructing, closing and change of line, of such
streets or avenues, or the numbering or naming thereof, or defraying the
expenses thereof, shall only be exercised on the petition of the
property owners, who own more than one-half of the frontage on any such
street or avenue, or on a certificate of the town board and
commissioners of highways of the town, that the same is, in their
judgment, proper and necessary for the public interest. If the streets
and avenues in respect to which such action is proposed to be taken,
shall lie in two or more towns, a like certificate shall be required of
the town board and commissioners of highways, of each town. Before
making such certificate, such town board, or boards and commissioners of
highways, shall give ten days' notice by publication in one of the daily
papers of the county, and by conspicuously posting in six public places
in each of such towns, of the time and place at which they will meet to
consider the same, at which meeting the public, and all persons
interested, may appear and be heard in relation thereto. No such street
or avenue shall be laid out, opened or constructed, upon or across any
lands acquired by the right of eminent domain, and held in fee for depot
purposes by any railroad corporation, or upon or across any lands now
held by a corporation formed for the purpose of improving the breed of
horses, without the consent of such corporations. No town officer shall
charge anything for his services under this section, nor shall any
charge be made against any such town or the property therein, for the
expense of the publication of the notice herein required.