N.Y. Highway Law Section 120
Petition to acquire lands

If the board of supervisors is unable to acquire land by purchase as provided for in § 119 (Purchase of lands)section one hundred nineteen of this chapter, the board may present to the county court of the county or to the supreme court, at a special term thereof, to be held in the judicial department in which said county is located, a petition for the appointment of three commissioners of appraisal to ascertain and determine the compensation to be paid to the owners of the land to be acquired and to all persons interested therein. Such petition shall describe the land to be acquired with reference to the map upon which the same is shown which shall be annexed to such petition. A copy of such petition and map shall be filed in the office of the county clerk. Such petition shall be signed and verified in the name of the board of supervisors, by the chairman or a member thereof designated for that purpose by resolution. Notice of presentation of such petition to such court shall be given by the petitioner by publishing such notice in two newspapers published in such county, once in each week for two weeks successively preceding the day of such presentation, and also at least eight days preceding the day of such presentation by serving a copy of such notice, personally or by mail, on the occupant or owner of the land to be acquired, and by posting a copy of said notice in not less than three public places in each town in which property to be acquired is located.

Source: Section 120 — Petition to acquire lands, https://www.­nysenate.­gov/legislation/laws/HAY/120 (updated Sep. 22, 2014; accessed Jun. 21, 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
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Verified:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 120. Petition to acquire lands's source at nysenate​.gov

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