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Home » US Law » 2022 New York Laws » Consolidated Laws » HAY - Highway » 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 […]

171 – Highways by Dedication.

§ 171. Highways by dedication. 1. Whenever land is dedicated to a town for highway purposes therein, the town superintendent may with the consent of the town board, either with or without a written application therefor, and without expense to the town, make an order laying out such highway, upon filing and recording in the […]

172 – Application.

§ 172. Application. Any person or corporation assessable for highway taxes may make written application to the town superintendent of the town in which he or it shall reside, or is assessable, to alter or discontinue a highway, or to lay out a new highway.

173 – Petition for Acquisition.

§ 173. Petition for acquisition. Whenever the town superintendent of highways of any township shall determine that public necessity requires the laying out of a new or additional highway, and the land therefor cannot be obtained by the dedication of the owners thereof, or if a highway proposed to be constructed or improved shall deviate […]

177 – Damages in Certain Cases; How Estimated.

§ 177. Damages in certain cases; how estimated. The owner of lands within the bounds of a highway discontinued may enclose the same and have the exclusive use thereof, and the benefits resulting therefrom may be deducted in the assessment of damages caused by the laying out of a highway through his other lands in […]

180 – Limitations Upon Laying Out Highways.

§ 180. Limitations upon laying out highways. No highways shall be laid out less than three rods in width, nor through buildings or any fixtures or erections for the purpose of trade or manufactures, or any yard or enclosure necessary to the use and enjoyment thereof, without the consent of the owner or owners thereof, […]

181 – Laying Out Highways Through Burying-Grounds.

§ 181. Laying out highways through burying-grounds. No private road or highway shall be laid out or constructed upon or through any burying-ground, unless the remains therein contained are first carefully removed, and properly reinterred in some other burying-ground, at the expense of the persons desiring such road or highway, and pursuant to an order […]

182 – Costs; by Whom Paid.

§ 182. Costs; by whom paid. In all cases of assessments of damages by supreme court, the costs thereof shall be paid by the town thereof, except that when reassessment of damages shall be had on the application of the party for whom the damages were assessed, and such damages shall not be increased on […]

184 – When Officers of Different Towns Disagree About Highway.

§ 184. When officers of different towns disagree about highway. When the town superintendent of any town or officers of any village or city having the powers of town superintendents shall differ with the town superintendent or superintendents of any other town or with the officers of such a village or city having the powers […]

185 – Difference About Improvements.

§ 185. Difference about improvements. When the town superintendent or the officers of a village or city having the powers of town superintendents therein, shall desire to make a new or altered highway extending beyond the bounds of such town, village or city, a better highway than is usually made for a common highway, with […]

186 – Highway in Two or More Towns.

§ 186. Highway in two or more towns. When application is made to lay out, alter or discontinue a highway located in two or more towns, all notices or proceedings required to be served upon the town superintendents shall be served upon the town superintendent of each town; and the supreme court shall determine the […]

188 – Final Determination, How Carried Out.

§ 188. Final determination, how carried out. The final determination of the supreme court relating to laying out, altering or discontinuing a highway, and all orders and other papers filed or entered in the proceedings, or certified copies thereof from the court where such determination, order and papers are filed and entered, shall be forthwith […]

189 – Highways by Use.

§ 189. Highways by use. All lands which shall have been used by the public as a highway for the period of ten years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and the town superintendent shall open […]

190 – Fences to Be Removed.

§ 190. Fences to be removed. Whenever a highway shall have been laid out through any inclosed, cultivated or improved lands, in conformity to the provisions of this chapter, the town superintendent shall give to the owner or occupant of the land through which such highway shall have been laid, sixty days’ notice in writing […]

191 – Highways or Roads Along Division Lines.

§ 191. Highways or roads along division lines. Whenever a highway or private road shall be laid along the division line between lands of two or more persons, and wholly upon one side of the line, and the land upon both sides is cultivated or improved, the persons owning or occupying the lands adjoining such […]

192 – Adjournments.

§ 192. Adjournments. If any accident shall prevent any of the proceedings required by this chapter relating to the laying out, altering or discontinuing of a highway, or the laying out of a private road, to be done on the day assigned, the proceedings may be adjourned to some other day, and the town superintendent […]

193 – Contracts for the Construction of Town Highways.

§ 193. Contracts for the construction of town highways. The town board of any town may provide that the construction of new highways and bridges, or the permanent improvement or reconstruction of existing highways and bridges or repairing, rebuilding or replacing walks on highways less than two rods in width pursuant to the provisions of […]

194 – Construction or Improvement of Town Highways by County and Town.

§ 194. Construction or improvement of town highways by county and town. 1. The board of supervisors of a county may provide for the construction or improvement under this section of a town highway or section thereof in one or more towns of the county or of a highway laid out along the boundary line […]