N.Y. Highway Law Section 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 the survey in an order to be signed by him, and to be filed and recorded in the office of the town clerk, who shall note the time of recording the same. Notwithstanding the provisions of any general or special law, the county superintendent, his agents, contractors or employees when engaged on work connected with laying out a town highway, may pursuant to the eminent domain procedure law enter upon any property for the purpose of making surveys, test pits, test borings, or other investigations. Claims for any damage caused by such work may be adjusted by the town board or determined pursuant to the eminent domain procedure law. The cost of such survey shall be a town charge payable in the same manner as other charges against the town.

Source: Section 170 — Survey for the laying out of a highway, https://www.­nysenate.­gov/legislation/laws/HAY/170 (updated Sep. 22, 2014; accessed Dec. 13, 2025).

170
Survey for the laying out of a highway 171
Highways by dedication 172
Application 173
Petition for acquisition 177
Damages in certain cases 180
Limitations upon laying out highways 181
Laying out highways through burying-grounds 182
Costs 184
When officers of different towns disagree about highway 185
Difference about improvements 186
Highway in two or more towns 187
Laying out, dividing and maintaining highway upon town line, or wholly in one town but adjacent to another town 188
Final determination, how carried out 189
Highways by use 190
Fences to be removed 191
Highways or roads along division lines 192
Adjournments 193
Contracts for the construction of town highways 194
Construction or improvement of town highways by county and town 195
County aid for construction, improvement and maintenance of town highways 196
County aid for connecting highway through villages 197
Damages for change of grade 198
Interest on damages for change of grade 199
Widening highways 203
Widening, how constructed 204
Actions to compel widening 205
Highways abandoned 205–A
Seasonal limited use highway 205–B
Qualified abandonment of certain town highways 205–C
Minimum maintenance roads 206
Highways in lands acquired by the United States for fortification purposes deemed abandoned 207
Discontinuance of highway 208
Description to be recorded 209
Damages caused by discontinuance 210
Papers, where filed 211
Costs of motion 211–A
Abandonment of certain town highways 211–B
Abandonment of certain town highways in school districts 212
Changing location of highways over certain lands owned and occupied by the state 212–A
Abandoning of parts of town highways 213
Construction and repair of approaches to private lands 214
Depositing ashes, snow, ice, stones, sticks, et cetera upon the highway 216
When town not liable for damages 218
Storm water sewers in town highways
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Verified:
Dec. 13, 2025

Last modified:
Sep. 22, 2014

§ 170. Survey for the laying out of a highway's source at nysenate​.gov

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