N.Y. Highway Law Section 181
Laying out highways through burying-grounds

No private road or highway shall be laid out or constructed upon or through any burying-ground, unless the remains therein contained are first carefully removed, and properly reinterred in some other burying-ground, at the expense of the persons desiring such road or highway, and pursuant to an order of the county court of the county in which the same is situated, obtained upon notice to such persons as the court may direct.

Source: Section 181 — Laying out highways through burying-grounds, https://www.­nysenate.­gov/legislation/laws/HAY/181 (updated Sep. 22, 2014; accessed Jan. 3, 2026).

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:
Jan. 3, 2026

Last modified:
Sep. 22, 2014

§ 181. Laying out highways through burying-grounds's source at nysenate​.gov

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