New York Laws
Article 8 - Town Highways
170 - Survey for the Laying Out of a Highway.

§ 170. Survey for the laying out of a highway. Whenever the town
superintendent shall lay out any highway, either upon application to him
or otherwise, he shall notify the county superintendent, whose duty it
shall be to either make a survey, or cause the same to be made, and the
town superintendent shall incorporate the survey in an order to be
signed by him, and to be filed and recorded in the office of the town
clerk, who shall note the time of recording the same. Notwithstanding
the provisions of any general or special law, the county superintendent,
his agents, contractors or employees when engaged on work connected with
laying out a town highway, 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 the town board or determined
pursuant to the eminent domain procedure law. The cost of such survey
shall be a town charge payable in the same manner as other charges
against the town.

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