N.Y. Highway Law Section 185
Difference about improvements

When the town superintendent or the officers of a village or city having the powers of town superintendents therein, shall desire to make a new or altered highway extending beyond the bounds of such town, village or city, a better highway than is usually made for a common highway, with a special grade or roadbed, drainage or improved plan, and are willing to bear the whole or a part of the expense thereof beyond such bounds, but cannot agree in regard to the same, upon written application of either of the superintendents or officers and notice to all parties interested, such court shall make an equitable adjustment of the matters, and may direct that in consideration of the payment of such portion of the additional expense by the town, village or city that desires the improved and better highway, as shall be equitable, its officers, contractors, servants and agents may go into such town, village or city, and make the grade and roadbed, and do whatever may be necessary and proper for the completion of such better highway, advancing the money to do it; the amount of damages to each owner or occupant shall be ascertained and determined by the supreme court in accordance with the eminent domain procedure law, such court shall, on notice to all parties interested, direct that the amount of damages assessed each owner or occupant, if any and all such expenses be paid by each, any or all of such towns, villages or cities as shall be just and equitable, and the damages and expenses assessed and allowed, as in this and the last preceding sections, shall be paid and collected as if fixed by the town superintendents of the towns, or the officers of such villages or cities having the powers of such superintendents.

Source: Section 185 — Difference about improvements, https://www.­nysenate.­gov/legislation/laws/HAY/185 (updated Sep. 22, 2014; accessed Jan. 4, 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
Green check means up to date. Up to date

Accessed:
Jan. 4, 2025

Last modified:
Sep. 22, 2014

§ 185’s source at nysenate​.gov

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