N.Y. Highway Law Section 65
Lands may be sold or leased

  • disposition of proceeds

Any lands acquired by purchase or condemnation, for the purpose of obtaining gravel, stone or other materials for the construction, reconstruction, improvement or maintenance of highways as provided in this article, or required for spoil banks, may, with the consent of the state commissioner of transportation, be sold in accordance with the eminent domain procedure law or leased by the governing body of the county which acquired said lands, when no longer needed for any of such purposes. The proceeds thereof shall be paid into the county treasury and shall become a part of the county road fund. The governing body may, where it has acquired lands by purchase or condemnation as a right-of-way for a state highway, with the consent of the commissioner of transportation, sell, convey, grant or lease to the owner or owners of property adjoining the same, so much thereof as may be unnecessary for such highway purposes, provided the strip of land retained for such highway purposes is not less than sixty feet in width, and provided such sale, conveyance, grant or lease will give said adjoining owner or owners of land a frontage immediately in front of their respective premises upon the new highway and right-of-way when completed. The governing body may make such sale, conveyance, grant or lease to such owner or owners of real property for the purpose of compensating such owner or owners for damages sustained by reason of the change of the location of such highway and in full settlement thereof. In the county of Wayne, however, if any such owner or owners of property adjoining lands acquired by said county from the R. & S. Liquidating Corporation and being formerly lands of the Rochester & Syracuse Trolley Company, for purposes of a right-of-way for a state highway, do not purchase such lands or any part thereof as may be unnecessary for highway purposes as provided by this section, within sixty days from the receipt by such owner or owners of the offer of the governing body of such county to sell such lands or any part thereof, then such governing body may sell and convey such lands or any part thereof on the same terms and conditions as those of such offer or offers, to any other person or persons, and the proceeds thereof shall be used in the manner provided by this section.

Source: Section 65 — Lands may be sold or leased; disposition of proceeds, https://www.­nysenate.­gov/legislation/laws/HAY/65 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 65’s source at nysenate​.gov

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