N.Y. Highway Law Section 199
Widening highways

  • petition

When any part of a highway in any town of this state, not in an incorporated village or city, running between two or more villages or cities, has, because of the wearing away by a river or stream or any other natural cause, become narrower than the width required by statute, and is dangerous to the users of such highway, twelve or more resident taxpayers of such town may present a petition to the supreme court in the judicial district within which such town is situated. The petition shall describe the part of the highway proposed to be widened and state that such highway has become lessened in width by the action of a river or stream or other cause, that it is dangerous to the traveling public, that the widening and improvement of such highway is necessary for the public convenience and welfare, that the highway is an important leading road between two or more cities or villages, that the cost of such widening and improvement would exceed the sum of two thousand five hundred dollars and would be too burdensome on the town or towns otherwise liable therefor. Such petition shall be verified by at least three of the petitioners. On receipt of the petition by supreme court the court shall appoint a time and place for a meeting to hear all persons interested in the proposed widening of the highway. The court shall examine the part of the highway proposed to be widened, hear any reasons for or against such widening and ascertain the probable cost of the work. If the court shall determine that the proposed widening of the highway is necessary and that the cost thereof would be too burdensome for the town, exceeding in probable cost two thousand five hundred dollars, they shall notify the board of supervisors of the county of such decision. The board of supervisors shall thereupon cause one-half of the amount of the estimated cost to be raised by the county and paid to the supervisor of the town or towns in which that part of the highway proposed to be widened as aforesaid is located, and said supervisor shall apply the sum so received by him towards the payment of the cost of such widening. The balance of the expense shall be raised in the manner provided by law, by the town or towns in which that part of the highway proposed to be widened as aforesaid is located.

Source: Section 199 — Widening highways; petition, https://www.­nysenate.­gov/legislation/laws/HAY/199 (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

§ 199’s source at nysenate​.gov

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