§ 197. Damages for change of grade. In any town in which a town
highway shall be repaired, graded and macadamized from curb to curb by
the authorities of the town the owner or owners of the land adjacent to
the said highway shall be entitled to recover from the town the damages
resulting from any change of grade. A person claiming damages from such
change of grade must present to the town board of such town a verified
claim therefor within sixty days after such change of grade is effected.
The board may agree with such owner upon the amount of damages to be
allowed him. If no agreement be made within thirty days after the
presentation of the claim, the person presenting it may apply to the
supreme court to determine the compensation to which he is entitled.
Notice of the application must be served upon the supervisor of the town
at least ten days before the hearing thereof. All proceedings shall be
taken in accordance with the provisions of the eminent domain procedure
law so far as applicable. Such town board, shall, in determining the
compensation, consider the fair value of the work done, or necessary to
be done, in order to place the claimant's lands, or buildings, or both,
in the same relation to the changed grade as they stood to the former
grade, and make awards accordingly, except that said board or said
commissioners may make an allowance for benefits derived by the claimant
from such improvement. The amount agreed upon for such damages, or the
award therefor together with the costs, if any, allowed to the claimant,
shall be a charge against such town and the supervisor shall pay the
same out of funds made available therefor by the town.