§ 118-b. Entry upon lands by county superintendent. The county\nsuperintendent may, when authorized by the county board, enter\n 1. Upon any lands adjacent to any county road for the purpose of\nopening an existing ditch or drain, or for digging a new ditch or drain\nfor the free passage of water for the drainage of such road.\n 2. Upon the lands of any person adjoining rivers, streams or creeks,\nto drive piles, throw up embankments and perform such other labor as may\nbe necessary to keep such rivers, streams or creeks within their proper\nchannels, and to prevent their encroachment upon county roads or bridges\nand culverts thereon.\n 3. Upon the lands adjoining county roads which, during the spring\nfreshets or at a time of high water are subject to overflow from such\nrivers, streams or creeks, to remove or change the position of a fence\nor other obstruction preventing the free flow of water under or through\nsuch road or bridges and culverts thereon, whenever the same may be\nnecessary for the protection of such roads, bridges or culverts.\n 4. Upon any lands adjacent to county roads to remove any fence or\nother obstruction which causes snow to drift in and upon such roads, and\nerect snow fences or other devices upon such lands to prevent the\ndrifting of snow in or upon such roads.\n Where lands are entered upon under the provisions of this section, the\ncounty superintendent shall agree with the owner of such lands, subject\nto the approval of the county board, as to the amount of damages, if\nany, sustained by such owner in consequence of such entry in performance\nof the work authorized by this section, and the amount of such damage\nshall be a county charge. If the county superintendent is unable to\nagree with such owner upon the amount of damages thus sustained the\namount thereof shall be ascertained, determined and paid in the manner\nthat damages are so ascertained, determined and paid, where\nrights-of-way are necessary for the construction, reconstruction,\nimprovement or repair of county roads generally and the board of\nsupervisors is unable to acquire such rights-of-way by purchase.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.