§ 173. Petition for acquisition. Whenever the town superintendent of
highways of any township shall determine that public necessity requires
the laying out of a new or additional highway, and the land therefor
cannot be obtained by the dedication of the owners thereof, or if a
highway proposed to be constructed or improved shall deviate from the
line of the highway already existing and the town board be unable to
acquire land by purchase for such requisite right of way as provided by
section one hundred and seventy-one of this chapter, he may apply to the
town board of his town for permission to institute a proceeding to
acquire so much land as may be necessary to lay out such new or
additional highway, and when such consent shall have been given by the
town board of such town, the said town superintendent of highways may
make application pursuant to the eminent domain procedure law to supreme
court in the judicial district in which such proposed highway is
situated, to obtain an order for permission to file an acquisition map
of the property to be acquired.