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New York Consolidated Laws

N.Y. Highway Law § 120 (2026)

Petition to acquire lands

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 120. Petition to acquire lands. If the board of supervisors is
unable to acquire land by purchase as provided for in section one
hundred nineteen of this chapter, the board may present to the county
court of the county or to the supreme court, at a special term thereof,
to be held in the judicial department in which said county is located, a
petition for the appointment of three commissioners of appraisal to
ascertain and determine the compensation to be paid to the owners of the
land to be acquired and to all persons interested therein. Such petition
shall describe the land to be acquired with reference to the map upon
which the same is shown which shall be annexed to such petition. A copy
of such petition and map shall be filed in the office of the county
clerk. Such petition shall be signed and verified in the name of the
board of supervisors, by the chairman or a member thereof designated for
that purpose by resolution. Notice of presentation of such petition to
such court shall be given by the petitioner by publishing such notice in
two newspapers published in such county, once in each week for two weeks
successively preceding the day of such presentation, and also at least
eight days preceding the day of such presentation by serving a copy of
such notice, personally or by mail, on the occupant or owner of the land
to be acquired, and by posting a copy of said notice in not less than
three public places in each town in which property to be acquired is
located.
Notes of Decisions
Cited in 3 cases, 1997–2011 · leading case: In re the Acquisition of Real Prop. by the Cnty. of Cortland, 72 A.D.3d 1436 (N.Y. App. Div. 3d Dep't 2010).
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In re the Acquisition of Real Prop. by the Cnty. of Cortland, 72 A.D.3d 1436 (N.Y. App. Div. 3d Dep't 2010). · cites it 5× “), entered November 25, 2008 in Cortland County, which granted petitioner’s application, in a proceeding pursuant to Highway Law § 120, to condemn certain real properties and appointed commissioners to determine appropriate compensation.”
In re the Acquisition of Real Prop. by the Cnty. of Cortland, 90 A.D.3d 1277 (N.Y. App. Div. 3d Dep't 2011). “We dismissed the proceeding upon the ground that petitioner had improperly used Highway Law § 120 rather than the Eminent Domain Procedure Law (id.”
Knapp v. Cnty. of Livingston, 175 Misc. 2d 112 (N.Y. Sup. Ct. 1997). “The first resolution was passed by the Board of Supervisors on October 25, 1995, and in effect, authorized the County Attorney to commence a proceeding, under Highway Law § 120, to acquire a highway drainage pipe easement.”
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