§ 6-616. Changing grade of street or bridge. 1. If a village has
exclusive control and jurisdiction of a street or bridge therein, it may
change the grade thereof. If such change of grade shall injuriously
affect any building or land adjacent thereto, or the use thereof, the
change of grade, to the extent of the damage resulting therefrom, shall
be deemed the taking of such adjacent property for a public use. A
person claiming damages from such change of grade must present to the
board of trustees a verified claim therefor within sixty days after such
change of grade is effected. The board may agree with such owner upon
the amount of damages to be allowed to him, or make to him a verified
offer to settle or compromise such claim. If no agreement be made within
thirty days after the presentation of the claim, the person presenting
it may apply pursuant to the eminent domain procedure law, to the
supreme court to determine the compensation to which he is entitled.
Notice of the application must be served upon the board of trustees at
least ten days before the hearing thereof. All proceedings shall be
taken in accordance with the provisions of the eminent domain procedure
law, so far as applicable. The amount agreed upon for such damages or
the award therefor, together with the costs, if any, allowed to the
claimant, shall be a charge against such village.

2. Whenever the grade of any street, highway or bridge in any village
in this state shall be changed or altered so as to interfere in any
manner with any building or buildings situate thereon, or adjacent
thereto, or the use thereof, or shall injure or damage the real property
adjoining such highway so changed or altered, the owner or owners of
such building or real estate may apply pursuant to the eminent domain
procedure law, to the supreme court in the judicial district in which
such property is situated to ascertain and determine the amount of
damage sustained thereby; due notice of such application shall be given
to the person or persons having competent authority to make such change
or alteration. No person or property owner shall be entitled to recover
any damages who shall, in writing, request or assent that the said grade
of any such street shall be changed or altered. All damages ascertained
and determined under the provisions of this subdivision, together with
the costs of such proceedings, shall be a charge, when allowable, upon
the village, town or other municipality chargeable with the maintenance
of the street, highway or bridge so altered or changed; but no property
owner or person instituting proceedings to recover damages under the
provisions of this subdivision shall be entitled to costs, unless the
claim for such damages shall have first been presented to and rejected
by, or neglected to have been adjusted for thirty days after
presentation by the trustees or other proper officers of said village,
town or municipality, nor in case such trustees or other proper officers
shall have made an offer to settle or compromise such claim, which offer
is declined by said property owner, unless he shall recover more than is
so offered.

This subdivision shall not apply to the change of grade of streets,
highways or bridges by village authorities nor to the change of grade,
made by the state, of a bridge or state highway, which is under the
exclusive control, supervision or jurisdiction of the state, nor to the
change of grade, made by a county, of a bridge or county highway, which
is under the exclusive control, supervision or jurisdiction of the
county.

3. No proceeding or action under this section shall be maintained
against the villages unless the same shall be commenced within one year
after the filing of the verified claim.