New York Laws
Article 6 - County Roads
118 - Acquisition by Counties of Lands for Right-of-Way and Other Purposes.

§ 118. Acquisition by counties of lands for right-of-way and other
purposes. 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
superintendent 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 maintenance of such highways, or for spoil banks,
together with a right-of-way to such spoil banks and to any bed, pit,
quarry or other place where such gravel, stone or other material may be
located.

2. The board of supervisors may also acquire lands 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 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 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 chapter. 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 transportation 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 proceedings with respect
thereto, the commissioner of transportation may proceed to advertise for
proposals for the improvement.

5. Notwithstanding the provisions of any general, special or local
law, the county superintendent of highways, his agents, contractors or
employees when engaged on work connected with the county road system in
the county, may pursuant to the eminent domain procedure law enter upon
any property for the purpose of making surveys, test pits, test borings,
or other investigations. Claims for any damage caused by such work may
be adjusted by agreement by the chairman of the governing body, a member

or a committee appointed for the purpose, or determined by supreme court
in accordance with the eminent domain procedure law.

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
county 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 superintendent 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
pedestrian 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
pursuant to the provisions of article six of this chapter.

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