N.Y. Highway Law Section 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 from the line of the highway already existing and the town board be unable to acquire land by purchase for such requisite right of way as provided by § 171 (Highways by dedication)section one hundred and seventy-one of this chapter, he may apply to the town board of his town for permission to institute a proceeding to acquire so much land as may be necessary to lay out such new or additional highway, and when such consent shall have been given by the town board of such town, the said town superintendent of highways may make application pursuant to the eminent domain procedure law to supreme court in the judicial district in which such proposed highway is situated, to obtain an order for permission to file an acquisition map of the property to be acquired.

Source: Section 173 — Petition for acquisition, https://www.­nysenate.­gov/legislation/laws/HAY/173 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 173’s source at nysenate​.gov

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