§ 300. Private road. An application for a private road shall be made in writing to the town superintendent of the town in which it is to be located, specifying its width and location, courses and distances, and the names of the owners and occupants of the land through which it is proposed to be […]
§ 301. Jury to determine necessity and assess damages. The town superintendent to whom the application shall be made shall appoint as early a day as the convenience of the parties interested will allow, when, at a place designated in the town, a jury will be selected for the purpose of determining upon the necessity […]
§ 302. Copy application and notice delivered to applicant. Such town superintendent shall deliver to the applicant a copy of the application, to which shall be added a notice of the time and place appointed for the selection of the jury, addressed to the owners and occupants of the land.
§ 303. Copy and notice to be served. The applicant on receiving the copy and notice shall, on the same day, or the next day thereafter, excluding Sundays and holidays, cause such copy and notice to be served upon the persons to whom it is addressed, by delivering to each of them who reside in […]
§ 304. List of jurors, and drawing jurors. At such time and place, on due proof of the service of the notice, the town superintendent shall, in the presence of a justice of the peace of such town, to be designated by him and who shall be present at such time, openly draw thirty-six ballots […]
§ 305. Delivery, execution and return of venire. The justice of the peace attending upon such drawing of jurors shall thereupon issue a venire, and the same shall be delivered and executed in the same manner as a venire for jurors drawn in a justice’s court, as provided in, and under the same penalty as […]
§ 306. Jury to determine and assess damages; fees of justice of peace and constable. At the time and place to which the proceeding has been adjourned, as provided in section three hundred and four hereof, the town superintendent, and the justice of the peace so designated by him, shall attend, and a jury of […]
§ 307. Their verdict. The jury shall view the premises, hear the allegations of the parties, and such witnesses as they may produce, and if they shall determine that the proposed road is necessary, they shall assess the damages to the person or persons through whose land it is to pass, and deliver their verdict […]
§ 308. Value of highway discontinued. If the necessity of such private road has been occasioned by the alteration or discontinuance of a public highway running through the lands belonging to a person through whose lands the private road is proposed to be opened, the jury shall take into consideration the value of the highway […]
§ 309. Papers to be recorded in the town clerk’s office. The town superintendent shall annex to such verdict the application, and their certificate that the road is laid out, and the same shall be filed and recorded in the town clerk’s office.
§ 310. Damages to be paid before opening the road. The damages assessed by the jury shall be paid by the party for whose benefit the road is laid out, before the road is opened or used; but if the jury shall certify that the necessity of such private road was occasioned by the alteration […]
§ 311. Fees of officers. Every juror serving on the jury, in proceedings for a private road, shall be entitled to receive for his services one dollar and fifty cents to be paid by the applicant.
§ 312. Motion to confirm, vacate or modify. Within thirty days after the decision of the jury shall have been filed in the town clerk’s office, the owner, occupant or applicant may apply to the county court wherein such private road is situated, for an order confirming, vacating or modifying their decision; and such court […]
§ 313. Costs of new hearing. If upon a new hearing, the damages assessed are increased, the applicant shall pay the costs and expenses thereof, otherwise the owner shall pay the same.
§ 314. For what purpose private road may be used. Every such private road, when so laid out, shall be for the use of such applicant, his heirs and assigns; but not to be converted to any other use or purpose than that of a road; nor shall the occupant or owner of the land […]
§ 315. Credit on private road. Any person living upon a private road may be credited on account of his highway taxes in any year an amount equal to the value of the work which the town superintendent may deem necessary to be done in such year upon such road. The town superintendent shall issue […]
§ 315-a. Improvement corporations; right of acquisition. Any corporation formed for the purpose of developing or improving real property, which lays out for public use roads, streets, avenues or highways, upon or through its lands, if unable to agree with the owners of any real property required for the purpose of extending, continuing or connecting […]
§ 316. Entitled to free use of highways. The authorities having charge or control of any highway, public street, park, parkway, driveway, or place, shall have no power or authority to pass, enforce or maintain any ordinance, rule or regulation by which any person using a bicycle or tricycle shall be excluded or prohibited from […]
§ 317. Drug free school zone signs. Any political subdivision of the state having jurisdiction over any highway within school grounds, as defined in subdivision fourteen of section 220.00 of the penal law, may, upon the request of the appropriate school authority, place, cause to be placed, or permit to be placed within the right […]
§ 319. Obstructions and their removal. 1. Obstructions, within the meaning of this section, shall include trees which have been cut or have fallen either on adjacent lands or within the bounds of the highway, in such a manner as to interfere with public travel therein; limbs of trees which have fallen within the highway, […]
