S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   652

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the highway law, in relation to requiring county highway
  acquisitions to be made pursuant to the eminent domain procedure  law;
  and to repeal sections 121, 122 and 123 of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 2, 3, 4, 6 and 7  of  section  118  of  the
highway law, subdivisions 1, 2 and 3 as added by chapter 786 of the laws
of  1944,  subdivision 4 as amended by chapter 1110 of the laws of 1971,
subdivision 6 as added by chapter 258 of the laws of 1953  and  subdivi-
sion  7 as added by chapter 913 of the laws of 1960, are amended to read
as follows:
  1. If a county  road,  proposed  to  be  constructed  or  improved  as
provided   in   this  article,  or  which  shall  have  been  heretofore
constructed, or which  it  is  proposed  to  repair  or  reconstruct  as
provided in this article or in which it is proposed to change the course
of a dangerous section thereof, shall deviate from the line of a highway
already  existing,  the  board  of  supervisors of the county where such
highway is located shall provide the requisite right-of-way prior to the
advertisement for proposals. The execution by the property owner  of  an
option  to  purchase, or of a release or agreement giving the county the
right to enter and occupy property for highway purposes shall be  deemed
to  be  a sufficient acquisition of right-of-way under this article, and
upon the certification of the board of supervisors that the  county  has
secured  such options, releases or agreements from the reputed owners of
all parcels of right-of-way called for by the plans, the  county  super-
intendent  may  proceed  to advertise for proposals for the improvement.
The board of supervisors shall also secure all  necessary  rights-of-way
for  drains  or  ditches  required  to properly drain the highway either

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05480-01-3

A. 652                              2

during construction or after completion thereof  and  may  also  acquire
lands for the purpose of obtaining gravel, stone or other material, when
required  for  the  construction, reconstruction, improvement or mainte-
nance of such highways, or for spoil banks, together with a right-of-way
to  such  spoil  banks  and to any bed, pit, quarry or other place where
such gravel,  stone  or  other  material  may  be  located.    ALL  SUCH
RIGHT-OF-WAY  ACQUISITIONS  HEREIN LISTED ARE TO BE MADE PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW.
  2. The board of supervisors may also acquire lands,  PURSUANT  TO  THE
EMINENT  DOMAIN  PROCEDURE LAW, at any corner formed by the intersection
of highways, for the purpose of removing  obstructions  therefrom  which
shut off the view to intersecting highways; thereby to afford visibility
or  sight  distance  of  such highways near, at and across any corner of
lands at highway intersections.
  3. The board of supervisors may also acquire lands,  PURSUANT  TO  THE
EMINENT  DOMAIN  PROCEDURE LAW, at any curve along county roads, for the
purpose of removing obstructions therefrom which shut off the  view  of,
to,  over  and along such highway; thereby to afford visibility or sight
distance at, over, along and across any such curve.
  4. When requested by the commissioner of transportation, the board  of
supervisors,  PURSUANT  TO  THE EMINENT DOMAIN PROCEDURE LAW, shall also
provide lands or rights or interests therein, including  designation  of
controlled-access  highways  pursuant to section one hundred seventeen-b
of this chapter, for rights of way and other purposes mentioned in  this
section, which the commissioner of transportation shall require pursuant
to  the  provisions of sections eighty-one and eighty-four of this chap-
ter.  The execution by the property owner of an option to  purchase,  or
of  a  release  or agreement giving the state or the county the right to
enter and occupy property for highway purposes shall  be  deemed  to  be
sufficient acquisition of rights of way under this section, and upon the
certification  of the board of supervisors to the commissioner of trans-
portation that the county has acquired options, releases  or  agreements
from  the  reputed owners of all parcels of rights of way and all rights
and interests deemed necessary, or has commenced [condemnation]  EMINENT
DOMAIN proceedings with respect thereto, the commissioner of transporta-
tion may proceed to advertise for proposals for the improvement.
  6. In the construction, reconstruction or improvement of a county road
where  an  existing  entrance  or approach to private lands is wholly or
partially destroyed as a result of a substantial change in the  existing
grade,  or for any other reason, the board of supervisors or a committee
thereof authorized to acquire the necessary rights of way for said coun-
ty road, may, upon the request of the abutting property owner  affected,
cause  the  reestablishment  of the entrance, approach or driveway to be
adjusted to the grade of the new road, and the cost thereof shall  be  a
county  charge  payable out of the county road fund. In such adjustment,
the details of the work shall be as determined by the county superinten-
dent of highways. The county shall not be liable for the maintenance  of
such  adjusted  and reestablished approaches or driveways upon the lands
of such abutting property owners, nor shall it be liable for damages  in
connection therewith after the completion of such adjustment work.
  7.  Within appropriations made for the construction and maintenance of
county roads, and upon recommendation of the  county  superintendent  of
highways  or upon its own motion, when it finds such action necessary in
the interest of the public safety and welfare,  because  of  density  of
population,  proximity of schools and the volume of vehicular and pedes-
trian traffic the board of supervisors of a county may  cause  sidewalks

A. 652                              3

for  pedestrians  to  be  constructed  along  any  county road either in
conjunction with or subsequent to the construction of such road and,  if
necessary,  may  acquire  for such purpose property or easements thereto
pursuant  TO  THE  EMINENT DOMAIN PROCEDURE LAW AND to the provisions of
article six of this chapter.
  S 2. The opening and closing paragraphs of section 118-b of the  high-
way  law,  as  added  by chapter 546 of the laws of 1954, are amended to
read as follows:
  The county superintendent may, when authorized by the county board AND
PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW, enter
  Where lands are entered upon under the provisions of this section, the
county superintendent shall agree with the owner of such lands,  subject
to  the  approval  of  the county board, as to the amount of damages, if
any, sustained by such owner in consequence of such entry in performance
of the work authorized by this section, and the amount  of  such  damage
shall  be  a  county  charge.  If the county superintendent is unable to
agree with such owner upon the amount of  damages  thus  sustained,  the
amount  thereof  shall be ascertained, determined and paid in the manner
that damages are so ascertained, determined and  paid  PURSUANT  TO  THE
EMINENT  DOMAIN PROCEDURE LAW, where rights-of-way are necessary for the
construction, reconstruction, improvement  or  repair  of  county  roads
generally and the board of supervisors is unable to acquire such rights-
of-way by purchase.
  S  3.  Section  120 of the highway law, as added by chapter 786 of the
laws of 1944, is amended to read as follows:
  S 120. [Petition to acquire] ACQUISITION OF lands.  [If the  board  of
supervisors  is  unable  to  acquire land by purchase as provided for in
section one hundred nineteen of this chapter, the board may  present  to
the  county  court  of  the county or to the supreme court, at a special
term thereof, to be held in the judicial department in which said county
is located, a petition for the appointment  of  three  commissioners  of
appraisal  to ascertain and determine the compensation to be paid to the
owners of the land to be acquired and to all persons interested therein.
Such petition shall describe the land to be acquired with  reference  to
the  map  upon  which  the  same is shown which shall be annexed to such
petition. A copy of such petition and map shall be filed in  the  office
of  the  county clerk. Such petition shall be signed and verified in the
name of the board of supervisors, by the chairman or  a  member  thereof
designated  for  that  purpose  by resolution. Notice of presentation of
such petition to such court shall be given by the petitioner by publish-
ing such notice in two newspapers published in such county, once in each
week for two weeks successively preceding the day of such  presentation,
and  also  at least eight days preceding the day of such presentation by
serving a copy of such notice, personally or by mail, on the occupant or
owner of the land to be acquired, and by posting a copy of  said  notice
in  not  less than three public places in each town in which property to
be acquired is located] ACQUISITION OF LAND UNABLE  TO  BE  ACQUIRED  BY
PURCHASE,  AS PROVIDED FOR IN SECTION ONE HUNDRED NINETEEN OF THIS ARTI-
CLE, SHALL BE ACQUIRED PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW.
  S 4. Sections 121, 122 and 123 of the highway law are REPEALED.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.