New York § 180 - 180Limitations upon laying out highways

§ 180. 180Limitations upon laying out highways

§ 180. Limitations upon laying out highways. No highways shall be laid out less than three rods in width, nor through buildings or any fixtures or erections for the purpose of trade or manufactures, or any yard or enclosure necessary to the use and enjoyment thereof, without the consent of the owner or owners thereof, unless so ordered by the supreme court in the judicial district in which the proposed highway is situated; such order shall be made on the certificate of the town superintendent of the town or towns in which the proposed highway is situated, showing that the public interests will be greatly promoted by the laying out and opening of such highway; a copy of the certificate with eight days' notice of the time and place of the hearing before the supreme court shall be served on the owners of the land, or if they are not residents of the county upon the occupants; the supreme court upon such certificates, and the proofs and other proceedings therein, may order the highway to be laid out and opened, if it deems it necessary and proper. Upon confirmation by the supreme court, the town superintendent shall then lay out and open such highway as in other cases. The provisions of this section shall not apply to buildings, fixtures, erections, yards or enclosures, made or placed on such land after an application for the laying out and opening the highway shall have been made. In case the highway to be laid out shall constitute an extension or continuation of a public highway already in use, and shall not as to such new portion, exceed half a mile in length, the town superintendent may lay out such extension or continuation of a width of less than three rods, provided, however, that it be not less than the widest part of the highway of which it is an extension or continuation. In such case the town superintendent shall specify in his certificate the precise width of the new portion of such highway, and shall certify that such width is as great at least as the widest part of the highway of which it is a continuation or extension. No highway shall be laid out which shall be identical or substantially so with a highway previously discontinued or abandoned for public purposes within seven years of such discontinuance or abandonment, nor where other land or property has been conveyed to the town at the time of such discontinuance or abandonment in counties adjoining cities with upward of one million inhabitants.