New York Laws
Article 8 - Town Highways
209 - Damages Caused by Discontinuance.

§ 209. Damages caused by discontinuance. Any person or corporation
interested as owner or otherwise, in any lands and claiming any loss or
damages, legal or equitable, by reason of the discontinuance,
abandonment or closing of any street or highway, not within the limits
of an incorporated village, under or pursuant to the provisions of the
last two sections, may, upon ten days' written notice to the town
superintendent of the town in which such lands are situated apply to the
supreme court or to the county court of the county within which such
lands are situated for the appointment of commissioners of appraisal to
estimate and determine such loss and damage, whereupon the court shall
appoint three disinterested commissioners of appraisal to estimate and
determine such damage, and the amount of compensation to be paid by said
town therefor, who shall make their report thereupon to such court, and
which report when finally confirmed shall be final and conclusive in
respect thereto, and the legality and equity of any and all such claims
shall be determined by such commissioners of appraisal and by the court
upon the hearing of their report. Any loss or damage so estimated and
determined shall be paid by said town as in case of judgment.

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