State Codes and Statutes

Statutes > New-york > Hay > Article-8 > 185

§  185. Difference about improvements. When the town superintendent or  the  officers  of  a  village  or  city  having  the  powers   of   town  superintendents  therein,  shall desire to make a new or altered highway  extending beyond the bounds of such town,  village  or  city,  a  better  highway  than is usually made for a common highway, with a special grade  or roadbed, drainage or improved plan, and are willing to bear the whole  or a part of the expense thereof beyond such bounds, but cannot agree in  regard  to  the  same,  upon  written  application  of  either  of   the  superintendents  or  officers and notice to all parties interested, such  court shall make an equitable adjustment of the matters, and may  direct  that  in  consideration of the payment of such portion of the additional  expense by the town, village or  city  that  desires  the  improved  and  better  highway,  as  shall  be  equitable,  its  officers, contractors,  servants and agents may go into such town, village or city, and make the  grade and roadbed, and do whatever may be necessary and proper  for  the  completion  of  such  better  highway, advancing the money to do it; the  amount of damages to each owner or occupant  shall  be  ascertained  and  determined  by  the  supreme court in accordance with the eminent domain  procedure law, such court shall, on notice to  all  parties  interested,  direct  that  the  amount of damages assessed each owner or occupant, if  any and all such expenses be paid by each, any or  all  of  such  towns,  villages  or  cities as shall be just and equitable, and the damages and  expenses assessed and  allowed,  as  in  this  and  the  last  preceding  sections,  shall  be  paid  and  collected  as  if  fixed  by  the  town  superintendents of the towns, or the officers of such villages or cities  having the powers of such superintendents.

State Codes and Statutes

Statutes > New-york > Hay > Article-8 > 185

§  185. Difference about improvements. When the town superintendent or  the  officers  of  a  village  or  city  having  the  powers   of   town  superintendents  therein,  shall desire to make a new or altered highway  extending beyond the bounds of such town,  village  or  city,  a  better  highway  than is usually made for a common highway, with a special grade  or roadbed, drainage or improved plan, and are willing to bear the whole  or a part of the expense thereof beyond such bounds, but cannot agree in  regard  to  the  same,  upon  written  application  of  either  of   the  superintendents  or  officers and notice to all parties interested, such  court shall make an equitable adjustment of the matters, and may  direct  that  in  consideration of the payment of such portion of the additional  expense by the town, village or  city  that  desires  the  improved  and  better  highway,  as  shall  be  equitable,  its  officers, contractors,  servants and agents may go into such town, village or city, and make the  grade and roadbed, and do whatever may be necessary and proper  for  the  completion  of  such  better  highway, advancing the money to do it; the  amount of damages to each owner or occupant  shall  be  ascertained  and  determined  by  the  supreme court in accordance with the eminent domain  procedure law, such court shall, on notice to  all  parties  interested,  direct  that  the  amount of damages assessed each owner or occupant, if  any and all such expenses be paid by each, any or  all  of  such  towns,  villages  or  cities as shall be just and equitable, and the damages and  expenses assessed and  allowed,  as  in  this  and  the  last  preceding  sections,  shall  be  paid  and  collected  as  if  fixed  by  the  town  superintendents of the towns, or the officers of such villages or cities  having the powers of such superintendents.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-8 > 185

§  185. Difference about improvements. When the town superintendent or  the  officers  of  a  village  or  city  having  the  powers   of   town  superintendents  therein,  shall desire to make a new or altered highway  extending beyond the bounds of such town,  village  or  city,  a  better  highway  than is usually made for a common highway, with a special grade  or roadbed, drainage or improved plan, and are willing to bear the whole  or a part of the expense thereof beyond such bounds, but cannot agree in  regard  to  the  same,  upon  written  application  of  either  of   the  superintendents  or  officers and notice to all parties interested, such  court shall make an equitable adjustment of the matters, and may  direct  that  in  consideration of the payment of such portion of the additional  expense by the town, village or  city  that  desires  the  improved  and  better  highway,  as  shall  be  equitable,  its  officers, contractors,  servants and agents may go into such town, village or city, and make the  grade and roadbed, and do whatever may be necessary and proper  for  the  completion  of  such  better  highway, advancing the money to do it; the  amount of damages to each owner or occupant  shall  be  ascertained  and  determined  by  the  supreme court in accordance with the eminent domain  procedure law, such court shall, on notice to  all  parties  interested,  direct  that  the  amount of damages assessed each owner or occupant, if  any and all such expenses be paid by each, any or  all  of  such  towns,  villages  or  cities as shall be just and equitable, and the damages and  expenses assessed and  allowed,  as  in  this  and  the  last  preceding  sections,  shall  be  paid  and  collected  as  if  fixed  by  the  town  superintendents of the towns, or the officers of such villages or cities  having the powers of such superintendents.