N.Y. Highway Law Section 180
Limitations upon laying out highways


No highways shall be laid out less than three rods in width, nor through buildings or any fixtures or erections for the purpose of trade or manufactures, or any yard or enclosure necessary to the use and enjoyment thereof, without the consent of the owner or owners thereof, unless so ordered by the supreme court in the judicial district in which the proposed highway is situated; such order shall be made on the certificate of the town superintendent of the town or towns in which the proposed highway is situated, showing that the public interests will be greatly promoted by the laying out and opening of such highway; a copy of the certificate with eight days’ notice of the time and place of the hearing before the supreme court shall be served on the owners of the land, or if they are not residents of the county upon the occupants; the supreme court upon such certificates, and the proofs and other proceedings therein, may order the highway to be laid out and opened, if it deems it necessary and proper. Upon confirmation by the supreme court, the town superintendent shall then lay out and open such highway as in other cases. The provisions of this section shall not apply to buildings, fixtures, erections, yards or enclosures, made or placed on such land after an application for the laying out and opening the highway shall have been made. In case the highway to be laid out shall constitute an extension or continuation of a public highway already in use, and shall not as to such new portion, exceed half a mile in length, the town superintendent may lay out such extension or continuation of a width of less than three rods, provided, however, that it be not less than the widest part of the highway of which it is an extension or continuation. In such case the town superintendent shall specify in his certificate the precise width of the new portion of such highway, and shall certify that such width is as great at least as the widest part of the highway of which it is a continuation or extension. No highway shall be laid out which shall be identical or substantially so with a highway previously discontinued or abandoned for public purposes within seven years of such discontinuance or abandonment, nor where other land or property has been conveyed to the town at the time of such discontinuance or abandonment in counties adjoining cities with upward of one million inhabitants.

Source: Section 180 — Limitations upon laying out highways, https://www.­nysenate.­gov/legislation/laws/HAY/180 (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

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 180’s source at nysenate​.gov

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