New York Highway Code § 120

Petition to acquire lands
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§ 120. Petition to acquire lands. If the board of supervisors is\nunable to acquire land by purchase as provided for in section one\nhundred nineteen of this chapter, the board may present to the county\ncourt of the county or to the supreme court, at a special term thereof,\nto be held in the judicial department in which said county is located, a\npetition for the appointment of three commissioners of appraisal to\nascertain and determine the compensation to be paid to the owners of the\nland to be acquired and to all persons interested therein. Such petition\nshall describe the land to be acquired with reference to the map upon\nwhich the same is shown which shall be annexed to such petition. A copy\nof such petition and map shall be filed in the office of the county\nclerk. Such petition shall be signed and verified in the name of the\nboard of supervisors, by the chairman or a member thereof designated for\nthat purpose by resolution. Notice of presentation of such petition to\nsuch court shall be given by the petitioner by publishing such notice in\ntwo newspapers published in such county, once in each week for two weeks\nsuccessively preceding the day of such presentation, and also at least\neight days preceding the day of such presentation by serving a copy of\nsuch notice, personally or by mail, on the occupant or owner of the land\nto be acquired, and by posting a copy of said notice in not less than\nthree public places in each town in which property to be acquired is\nlocated.\n

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