N.Y. Highway Law Section 118-B
Entry upon lands by county superintendent

The county superintendent may, when authorized by the county board, enter 1. Upon any lands adjacent to any county road for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of such road.

2.

Upon the lands of any person adjoining rivers, streams or creeks, to drive piles, throw up embankments and perform such other labor as may be necessary to keep such rivers, streams or creeks within their proper channels, and to prevent their encroachment upon county roads or bridges and culverts thereon.

3.

Upon the lands adjoining county roads which, during the spring freshets or at a time of high water are subject to overflow from such rivers, streams or creeks, to remove or change the position of a fence or other obstruction preventing the free flow of water under or through such road or bridges and culverts thereon, whenever the same may be necessary for the protection of such roads, bridges or culverts.

4.

Upon any lands adjacent to county roads to remove any fence or other obstruction which causes snow to drift in and upon such roads, and erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon such roads. Where lands are entered upon under the provisions of this section, the county superintendent shall agree with the owner of such lands, subject to the approval of the county board, as to the amount of damages, if any, sustained by such owner in consequence of such entry in performance of the work authorized by this section, and the amount of such damage shall be a county charge. If the county superintendent is unable to agree with such owner upon the amount of damages thus sustained the amount thereof shall be ascertained, determined and paid in the manner that damages are so ascertained, determined and paid, where rights-of-way are necessary for the construction, reconstruction, improvement or repair of county roads generally and the board of supervisors is unable to acquire such rights-of-way by purchase.

Source: Section 118-B — Entry upon lands by county superintendent, https://www.­nysenate.­gov/legislation/laws/HAY/118-B (updated Sep. 22, 2014; accessed Jan. 18, 2025).

110
Definitions 111
Payment and apportionment of cost among counties and towns 113
Annual statement of cost 114
Sources and use of county road fund moneys 115
Preparation of map showing proposed county road system 115‑A
Abandonment of unused portions of town highways on county road system 115‑B
Removal of road or part of road from county road system 115‑C
Notice to municipalities where county roads are abandoned or revert to such municipalities 116
Statement and approval of proposed work 117
Construction and reconstruction of county roads 117‑A
Highways in villages in Niagara county 117‑B
Controlled-access highways in counties 117‑C
Hawking, peddling, vending, sale of goods, wares or merchandise 117‑D
Pedestrian overpass to be designated as the “Jennifer Bolender Memorial Overpass” 117‑E
Pedestrian overpass to be designated as the “Police Officer Robert McLellan Memorial Overpass” 118
Acquisition by counties of lands for right-of-way and other purposes 118‑A
Abandoning of parts of county highways 118‑B
Entry upon lands by county superintendent 119
Purchase of lands 120
Petition to acquire lands 121
Commissioners of appraisal to be appointed 122
Duties of commissioners of appraisal 123
County treasurer to pay awards 125
Land may be sold or leased 126
Awarding of contracts 127
Payments from the county road fund 129
Maintenance and apportionment of cost 130
Bridges on county road system 131
County roads of additional width and increased cost at expense of village 131‑A
Application 131‑B
County highways and bridges 131‑C
Location and construction of bridges 131‑D
Construction by county of destroyed bridges 131‑E
Bridges over county lines 131‑F
Streets outside cities 131‑G
Regulation of toll rates 131‑H
Separate highway districts in certain counties 131‑I
Boundary lines 131‑J
Development of highways and other improvements in certain counties 131‑K
County aid for construction and improvement of certain public highways and bridges in municipalities 133
Machinery, tools, equipment, implements, materials and supplies 133‑A
Rental or hiring of county highway machinery, tools or equipment 134
Purchases by county purchasing agent 135
Snow removal, and cutting of weeds 135‑A
Control of snow and ice conditions on county roads 136
Permits for work within the county road right of way 137
Maintenance of certain highways by a county 138
Bridge between Saratoga county and Warren county to be designated as the "Irving H 139
County liable for injuries caused by defective highways and bridges 139‑A
Presentation of claims for torts
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 118-B’s source at nysenate​.gov

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