New York Highway Code § 30

Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon
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§ 30. Acquisition by the state of property required for the\nconstruction and reconstruction of state highways and structures\nthereon. 1. (a) Upon the construction, reconstruction or improvement,\npursuant to this chapter of a state highway the property required\ntherefor may be acquired by the state as provided in the eminent domain\nprocedure law. A state highway indicated under this chapter for\nconstruction or improvement, or any portion of such highway, may be\nconstructed, reconstructed or improved, as a controlled access highway,\nupon the adoption of a resolution by a majority vote of the members of\nthe board of supervisors of the county in which the highway is to be\nconstructed.  The resolution of the board of supervisors herein referred\nto shall not be required in relation to highways to be projected as\nthrough trunk routes and principally on new locations.\n  (b) Whenever plans for the construction, reconstruction or improvement\nof a state highway which is now or which shall hereafter be designated\nin section three hundred forty-one of this chapter, shall provide for\nthe relocation of such state highway or portion thereof on a location\nwhich deviates from the location of the existing highway for a\ncontinuous length in excess of one mile as measured along the center\nline of the existing highway, the commissioner of transportation shall,\nbefore filing the descriptions and the original tracings of any maps or\nproceeding with the acquisition of property or the work of construction,\nreconstruction or improvement, transmit such plans to the board of\nsupervisors of each county in which such relocation or any portion\nthereof is situated. In case the relocation or any portion thereof as\nproposed, is situated in a county other than the county in which the\nexisting highway or portion thereof is located, such plans shall be\ntransmitted to both of such counties and shall be subject to the\napproval, disapproval or modification by each of such counties in the\nmanner as hereinafter provided. The board of supervisors, after the\nreceipt of such plans, may conduct a public hearing or hearings upon\nsuch notice as such board of supervisors shall deem reasonable, but not\nless than ten days, to the commissioner of transportation and to such\nother party or parties deemed by said board of supervisors to be\ninterested in the project. In any event, and within ninety days after\nreceipt of the plans, the board of supervisors shall, by resolution,\nduly adopted by a majority vote of its members, approve, disapprove or\nrecommend modifications in such plans as the public interest shall\nrequire. Within ten days after the adoption of the resolution, the clerk\nof the board of supervisors shall mail a certified copy thereof to the\ncommissioner of transportation. In case such relocation is situated in\ntwo or more counties, such resolution must be separately adopted by the\nboard of supervisors of each county as to the relocation situated\ntherein. The form of the resolution shall be prescribed by the\ncommissioner of transportation. In case the board of supervisors shall\ndisapprove the plans, without proposing modifications, the commissioner\nof transportation may, in his discretion, prepare and submit to the\nboard of supervisors for approval other plans for the construction,\nreconstruction or improvement of the state highway to be acted upon by\nthe board of supervisors in the manner herein prescribed within sixty\ndays after receipt of such plans. In case the board of supervisors shall\ndisapprove the plans, and shall recommend modifications, the\ncommissioner of transportation may approve the plans as so modified, or\nrecommend other modifications for approval, and such state highway shall\nbe constructed, reconstructed, or improved in accordance with such plans\nas finally approved. When the plans, for construction, reconstruction or\nimprovement of a state highway have finally been approved as herein\nprovided, n

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