N.Y. Highway Law Section 209
Damages caused by discontinuance

Any person or corporation interested as owner or otherwise, in any lands and claiming any loss or damages, legal or equitable, by reason of the discontinuance, abandonment or closing of any street or highway, not within the limits of an incorporated village, under or pursuant to the provisions of the last two sections, may, upon ten days’ written notice to the town superintendent of the town in which such lands are situated apply to the supreme court or to the county court of the county within which such lands are situated for the appointment of commissioners of appraisal to estimate and determine such loss and damage, whereupon the court shall appoint three disinterested commissioners of appraisal to estimate and determine such damage, and the amount of compensation to be paid by said town therefor, who shall make their report thereupon to such court, and which report when finally confirmed shall be final and conclusive in respect thereto, and the legality and equity of any and all such claims shall be determined by such commissioners of appraisal and by the court upon the hearing of their report. Any loss or damage so estimated and determined shall be paid by said town as in case of judgment.

Source: Section 209 — Damages caused by discontinuance, https://www.­nysenate.­gov/legislation/laws/HAY/209 (updated Sep. 22, 2014; accessed Feb. 28, 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:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 209. Damages caused by discontinuance's source at nysenate​.gov

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