N.Y. Highway Law Section 122
Duties of commissioners of appraisal

The commissioners of appraisal shall take the oath of office prescribed by the constitution, which oath shall be filed in the office of the county clerk of the county. Upon the filing of such oath the title to the lands described in the petition and map filed in the office of the county clerk shall vest in the county for the purpose of a highway forever. The commissioners of appraisal shall, with all reasonable diligence, proceed to examine such highway and lands. The commissioners of appraisal shall cause a notice to be published in two such newspapers as aforesaid, once each week for two weeks successively next preceding the day of meeting mentioned in such notice, that at a stated time and place within such county they will meet for the purpose of hearing the parties claiming an interest in the compensation to be awarded for the lands taken for such highways. Said notice shall also state the fact that a map or maps showing the land acquired had been filed in the county clerk’s office. At the time and place of said meeting and at any adjournment thereof which said commissioners of appraisal shall publicly make, they shall hear the proofs and allegations of all interested parties. They may adjourn the proceedings before them from time to time, issue subpoenas or administer oaths in such proceedings; and shall keep minutes of their proceedings and reduce to writing all oral evidence given before them. They shall thereafter make and sign a report in writing, to which they shall assess, allow and state the amount of compensation to be sustained by the owners of the several lots, pieces or parcels of land taken for the purposes aforesaid. Such report shall contain the names of the owners of any parcel of land acquired as aforesaid, except that in case the commissioners of appraisal are unable to ascertain the names of such owners, they may in place of the names of such undiscovered parties insert the words “unknown owners, ” in their report. The commissioners of appraisal shall file their said report, together with the minutes of their proceedings, in the office of the county clerk of such county. After said report shall have been completed and filed as aforesaid, the commissioners of appraisal shall, after publishing a notice in like manner as that provided in section one hundred twenty, apply 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, to have the said report confirmed. If no sufficient reason to the contrary shall appear, the court shall confirm said report. Otherwise it may refer the same back to the said commissioners of appraisal for revision or correction; and after such revision or correction the same proceedings shall be taken as are hereinbefore provided for, and the commissioners of appraisal shall in the same manner make renewed application for the confirmation of such report, and the court shall thereupon confirm or refer back the said report and such proceedings shall be repeated until a report shall be presented which shall be confirmed by the said court.

Source: Section 122 — Duties of commissioners of appraisal, https://www.­nysenate.­gov/legislation/laws/HAY/122 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

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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Accessed:
Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 122’s source at nysenate​.gov

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