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 Jun. 15, 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

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 173’s source at nysenate​.gov

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