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This entry was published on 2014-09-22
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SECTION 59
Survey and map of lands to be acquired; appropriation of land
State (STL) CHAPTER 57, ARTICLE 4-A
§ 59. Survey and map of lands to be acquired; appropriation of land.
When directed by the governor to acquire designated lands, structures or
waters, for the purposes hereinbefore prescribed, the commission shall
cause a survey and map of such lands to be made. The members of such
commission and its duly authorized agents and employees may enter upon
such lands, and the structures and waters thereon, for the purpose of
making such survey and map. There shall be annexed thereto a certificate
executed by the members of the commission, stating that the lands and
the structures and waters thereon, described in such survey and map, are
necessary for purposes of public defense and for other public purposes
incidental thereto including public highway purposes. If any rights of
way, easements or other estates or interests in lands are acquired for
public highway purposes, the certificate of the commission shall include
a description of the strips of land to be used for such purposes. The
original of such survey and map and the certificates annexed thereto
shall be submitted to the governor, and if approved by him, it shall be
filed in the office of the department of state. A copy of such survey,
map and certificates, certified by the department of state, shall be
filed by the commission in the office of the county clerk of each county
in which such lands, or any portion thereof, are situated.

From the time of the filing of the said survey and map in the office
of the department of state, entry upon and appropriation by the state,
of the property described in such survey and map for the purposes
hereinbefore prescribed, shall be deemed complete and the strips of land
selected for such public highway purposes shall thereupon become and be
and forever continue to be open and established public highways. The
commission shall, immediately upon such filing of the survey and map in
the office of the department of state, enter upon and take possession of
all the lands, structures and waters described in such survey and map.
The commission shall thereupon cause the strips of land selected for
public highway purposes to be constructed and improved as such. The
expenses of such construction and improvement shall be paid from the
treasury out of funds appropriated therefor, on the audit and warrant of
the comptroller. Such highways shall thereafter be maintained and
repaired under the direct supervision and control of the department of
transportation as a part of the improved highways of the state,
excepting however, that state highway ninety-one hundred and four, lying
wholly within the borough of Queens, city of New York shall hereafter be
maintained and repaired under the direct supervision and control of the
city of New York as a city street for street purposes in accordance with
the provisions of the administrative code of the city of New York.