N.Y. Highway Law Section 197
Damages for change of grade


In any town in which a town highway shall be repaired, graded and macadamized from curb to curb by the authorities of the town the owner or owners of the land adjacent to the said highway shall be entitled to recover from the town the damages resulting from any change of grade. A person claiming damages from such change of grade must present to the town board of such town a verified claim therefor within sixty days after such change of grade is effected. The board may agree with such owner upon the amount of damages to be allowed him. If no agreement be made within thirty days after the presentation of the claim, the person presenting it may apply to the supreme court to determine the compensation to which he is entitled. Notice of the application must be served upon the supervisor of the town at least ten days before the hearing thereof. All proceedings shall be taken in accordance with the provisions of the eminent domain procedure law so far as applicable. Such town board, shall, in determining the compensation, consider the fair value of the work done, or necessary to be done, in order to place the claimant’s lands, or buildings, or both, in the same relation to the changed grade as they stood to the former grade, and make awards accordingly, except that said board or said commissioners may make an allowance for benefits derived by the claimant from such improvement. The amount agreed upon for such damages, or the award therefor together with the costs, if any, allowed to the claimant, shall be a charge against such town and the supervisor shall pay the same out of funds made available therefor by the town.

Source: Section 197 — Damages for change of grade, https://www.­nysenate.­gov/legislation/laws/HAY/197 (updated Sep. 22, 2014; accessed Mar. 23, 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:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 197’s source at nysenate​.gov

Link Style