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This entry was published on 2014-09-22
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SECTION 81
Application of laws; exceptions
Highway (HAY) CHAPTER 25, ARTICLE 4
§ 81. Application of laws; exceptions. All provisions of this chapter
and related laws, including those applicable to acquisition of land or
rights and interests therein, as now existing or hereafter amended,
shall be applicable to the performance of the work authorized by this
article in the same manner as and to the extent that they are applicable
to the construction or improvement and subsequent maintenance and repair
of state highways generally unless the context thereof shall necessarily
indicate to the contrary, with the following exceptions:

(1) Projects upon county roads, town highways or village streets which
are not situate on the route of an unimproved state highway shall become
the responsibility of the town, county or village, as the case may be,
and upon the completion and acceptance of any such project, all rights
and duties of the state specially existing with respect thereto during
the course of the project shall terminate.

(2) Projects upon county roads, town highways or village streets which
are situate on the route of an unimproved state highway shall
nevertheless, upon such completion and acceptance, become a town, county
or village responsibility in the manner provided in paragraph (1),
above, if the commissioner of transportation, in his discretion, shall
so elect, such election to be manifested by his request for
subsequent-maintenance assurances from the town, county or village, as
the case may be.

(3) In cases falling under paragraphs (1) and (2), above, necessary
acquisitions of lands or rights and interests therein, for right of way
and other purposes when not acquired in connection with a federal aid
program by the commissioner of transportation pursuant to subdivision
thirty-four-a of section ten and sections thirty and eighty of this
chapter and the eminent domain procedure law, shall be subject to the
provisions of section one hundred eighteen of this chapter and the
provisions of section thirty of this chapter shall, in such event, be
inoperative except that the state, in connection with all such
acquisitions of lands or rights and interests therein, shall pay to the
person or other entity entitled thereto the amounts specified in
subdivisions ten and twelve of section thirty of this chapter and
section seven hundred two of the eminent domain procedure law and
perform the functions incidental thereto in the same manner as if such
acquisition had been made by the commissioner of transportation for
state highway purposes pursuant to section thirty of this chapter. In
connection with all such acquisitions of lands or rights and interests
therein by a county, such county shall provide in its acquisition
program that (a) every reasonable effort shall be made by the acquiring
agency to acquire the requisite lands or rights and interests therein by
negotiation, (b) to the greatest extent practicable no person lawfully
occupying the land shall be required to move from his home, farm or
business location without at least ninety days written notice from the
acquiring agency, and (c) it will be the policy of the acquiring agency,
before initiating negotiations for the lands, rights and interests
therein, to establish the amount which is believed to constitute just
compensation under the laws of this state and to make a prompt offer to
acquire the lands, rights and interests therein for the full amount so
established.