N.Y. Highway Law Section 45
Entry upon adjacent lands and streams

Lands adjacent to a state highway or adjoining or in the bed or beds of any streams or creeks may be entered upon and occupied by the commissioner of transportation, his representatives and employees, or by a contractor or any of his agents or employees when directed by the commissioner of transportation or his representative:

1.

to open, maintain or construct an existing ditch or drain or for making surveys and for digging a new ditch or drain, or a section thereof, for the free passage of water for the drainage of such highways.

2.

to perform such work of construction, reconstruction, improvement or maintenance in order to keep the waters of such streams or creeks within their proper channels and to prevent their encroachment upon state highways or bridges thereon.

3.

to remove or change the position of a fence or other obstruction which, in the judgment of the commissioner of transportation, prevents the free flow of water under or through a state highway, bridge or culvert.

4.

to remove any fence or other obstruction which, in the judgment of the commissioner of transportation, causes snow to drift in and upon a state highway, and to erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon any such highway.

5.

to inspect trees for the purpose of determining whether any are in such a condition as to constitute a danger to users of the adjacent highway and to remove or prune those trees or parts thereof which in the judgment of the commissioner constitute such a danger. Notwithstanding the provisions of any general, special or local law or of any inconsistent provision of this chapter, claims for any damage caused by such entry and work and not exceeding three hundred and fifty dollars may be adjusted by agreement by the commissioner of transportation without appropriating any property. Upon making any such agreement and adjustment, and upon the approval thereof by the department of audit and control, the commissioner of transportation shall deliver to the comptroller such agreement and a certificate stating the amount due such owner for damage caused by such entry and work and the amount so fixed shall be paid out of the state treasury from moneys appropriated for the maintenance and repair of state highways.

Source: Section 45 — Entry upon adjacent lands and streams, https://www.­nysenate.­gov/legislation/laws/HAY/45 (updated Sep. 22, 2014; accessed Apr. 19, 2025).

29
Property for highways, bridges and other highway uses and purposes to be acquired by acquisition 30
Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon 31
Exchange of reservation lands of the Seneca Nation of Indians 38
Contracts for construction or improvement of highways 39
Patented material or articles 40
Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ... 41
Maintenance of highways after preliminary work pending permanent paving 42
Maintenance of detours during construction 42–A
Establishment of temporary detours when state highways are being maintained or repaired 43
Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta... 44
Acceptance of state highways when completed 45
Entry upon adjacent lands and streams 46
State highways in villages 47
Connecting highways in villages 48
State highways of additional width and increased cost at expense of town 49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town 50
Petition for improvement of highway where a street surface railroad is laid 51
Repair of highways at railroad crossings 52
Permits for work within the state highway right of way 53
Highways and bridges on Indian reservations 53–A
Highways on Indian reservations 54
Sidewalks along improved state highways 54–A
Reestablishment of approaches to private lands 55
Emergency aid for control of snow and ice in municipalities 56
State to maintain roads improved by state appropriations under special laws 57
Maintenance by state of canal bridge approaches 58
Liability of state for damages 59
Additional width, different type of construction or other additional work under repair or reconstruction contracts 60
Sprinkling 61
Payment by counties of a portion of the cost of construction under repair contracts 62
Improvement of alignment and of dangerous conditions on repair work 63
Discontinuance of part of highway due to grade crossing elimination 64
Maintenance by state of certain improved roads and highways 65
Lands may be sold or leased 66
Replacement water sources
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Accessed:
Apr. 19, 2025

Last modified:
Sep. 22, 2014

§ 45’s source at nysenate​.gov

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