State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-17 > 15-1733

§ 15-1733. Use of land occupied by a public highway.    1.  Whenever, in order to complete any project as provided by title 17  of this article, it becomes necessary to use lands occupied by a  public  highway  the  licensee  shall aply to the Commissioner of Transportation  for permission to relocate such highway,  the  entire  expense  of  such  relocation to be borne entirely by the licensee including any damages to  persons  or  property  which  may  be  caused  by  or  result  from such  relocation. The new location shall be determined by the Commissioner  of  Transportation  and the application of the licensee shall be accompanied  by funds in an amount sufficient to provide for the cost  of  a  survey,  preliminary  plans  and  all  other  expenses  of  the  Commissioner  of  Transportation in determining a suitable relocation.    2. The licensee shall provide the necessary land  for  such  relocated  highway in accordance with land taking-maps prepared by the Commissioner  of  Transportation.  If  such relocation is on state land the fee to the  land covered by the right of way shall  remain  in  the  state.  If  the  licensee acquires private property for right of way in the relocation of  a state or a county highway the fee in such right of way shall be deeded  to  the state or to the county in which the same is situated as the case  may be. If the licensee acquires private property for right  of  way  in  the  relocation  of a town highway the fee in such right of way shall be  deeded to the town or towns in which the same is situated.    3. Any such relocation shall be made  by  the  licensee  according  to  plans and specifications approved by the Commissioner of Transportation.    4.  Upon  the  completion and acceptance of such relocated highway the  original highway for which it is substituted shall be  deemed  abandoned  as  a  public  highway  and  the  relocated  highway shall thereafter be  maintained in the same manner as was the original highway for  which  it  was substituted.    5.  The  highway  law  shall  apply  to  the relocation of highways as  provided  in  this  section  so  far  as  applicable  thereto  and   not  inconsistent with title 17 of this article.

State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-17 > 15-1733

§ 15-1733. Use of land occupied by a public highway.    1.  Whenever, in order to complete any project as provided by title 17  of this article, it becomes necessary to use lands occupied by a  public  highway  the  licensee  shall aply to the Commissioner of Transportation  for permission to relocate such highway,  the  entire  expense  of  such  relocation to be borne entirely by the licensee including any damages to  persons  or  property  which  may  be  caused  by  or  result  from such  relocation. The new location shall be determined by the Commissioner  of  Transportation  and the application of the licensee shall be accompanied  by funds in an amount sufficient to provide for the cost  of  a  survey,  preliminary  plans  and  all  other  expenses  of  the  Commissioner  of  Transportation in determining a suitable relocation.    2. The licensee shall provide the necessary land  for  such  relocated  highway in accordance with land taking-maps prepared by the Commissioner  of  Transportation.  If  such relocation is on state land the fee to the  land covered by the right of way shall  remain  in  the  state.  If  the  licensee acquires private property for right of way in the relocation of  a state or a county highway the fee in such right of way shall be deeded  to  the state or to the county in which the same is situated as the case  may be. If the licensee acquires private property for right  of  way  in  the  relocation  of a town highway the fee in such right of way shall be  deeded to the town or towns in which the same is situated.    3. Any such relocation shall be made  by  the  licensee  according  to  plans and specifications approved by the Commissioner of Transportation.    4.  Upon  the  completion and acceptance of such relocated highway the  original highway for which it is substituted shall be  deemed  abandoned  as  a  public  highway  and  the  relocated  highway shall thereafter be  maintained in the same manner as was the original highway for  which  it  was substituted.    5.  The  highway  law  shall  apply  to  the relocation of highways as  provided  in  this  section  so  far  as  applicable  thereto  and   not  inconsistent with title 17 of this article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-17 > 15-1733

§ 15-1733. Use of land occupied by a public highway.    1.  Whenever, in order to complete any project as provided by title 17  of this article, it becomes necessary to use lands occupied by a  public  highway  the  licensee  shall aply to the Commissioner of Transportation  for permission to relocate such highway,  the  entire  expense  of  such  relocation to be borne entirely by the licensee including any damages to  persons  or  property  which  may  be  caused  by  or  result  from such  relocation. The new location shall be determined by the Commissioner  of  Transportation  and the application of the licensee shall be accompanied  by funds in an amount sufficient to provide for the cost  of  a  survey,  preliminary  plans  and  all  other  expenses  of  the  Commissioner  of  Transportation in determining a suitable relocation.    2. The licensee shall provide the necessary land  for  such  relocated  highway in accordance with land taking-maps prepared by the Commissioner  of  Transportation.  If  such relocation is on state land the fee to the  land covered by the right of way shall  remain  in  the  state.  If  the  licensee acquires private property for right of way in the relocation of  a state or a county highway the fee in such right of way shall be deeded  to  the state or to the county in which the same is situated as the case  may be. If the licensee acquires private property for right  of  way  in  the  relocation  of a town highway the fee in such right of way shall be  deeded to the town or towns in which the same is situated.    3. Any such relocation shall be made  by  the  licensee  according  to  plans and specifications approved by the Commissioner of Transportation.    4.  Upon  the  completion and acceptance of such relocated highway the  original highway for which it is substituted shall be  deemed  abandoned  as  a  public  highway  and  the  relocated  highway shall thereafter be  maintained in the same manner as was the original highway for  which  it  was substituted.    5.  The  highway  law  shall  apply  to  the relocation of highways as  provided  in  this  section  so  far  as  applicable  thereto  and   not  inconsistent with title 17 of this article.

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