New York Consolidated Law|SECTION 171

                                                

  § 171. Highways by dedication. 1. Whenever land is dedicated to a town
for highway purposes therein, the town superintendent may with the
consent of the town board, either with or without a written application
therefor, and without expense to the town, make an order laying out such
highway, upon filing and recording in the town clerk's office with such
order a release of the land from the owner thereof. A highway so laid
out must not be less than three rods in width, except that where such
highway is located on a sand beach separated by more than two miles of
water from the main body of the town of which it forms a part and is not
an extension or continuation of a public highway already in use and has
erected thereon a board walk not less than one-third the width of said
highway, such highway so laid out may be less than three rods in width
and must not be less than ten feet in width, provided, however, that
upon certification in writing by the commissioner of transportation of
the necessity therefor and the filing of such certification in the
office of the town clerk of the town in which such highway is located,
any such highway may be of such width, less than three rods, as the
commissioner shall specify in such certificate. Section one hundred and
eighty does not apply to a highway by dedication.

2. Such town superintendent may also, upon written application and
with the written consent of the town board, make an order laying out or
altering a highway, or discontinuing a highway, which has become useless
since it was laid out, upon filing and recording in the town clerk's
office, with such application, consent and order, a release from all
damages from the owners of lands taken or affected thereby, when the
consideration for such release is agreed upon between such town
superintendent, with the approval of the town board, and the owner or
owners. An order of the town superintendent, as herein provided, shall
be final and the town clerk shall forthwith cause each release executed
by each owner of land taken or affected by such order to be recorded in
the office of the clerk of the county wherein such lands are located.

3. If a highway proposed to be constructed or improved shall deviate
from the line of a highway already existing, the town board of the town
where such highway is located may acquire land for the requisite right
of way. The town board may, by resolution, authorize the supervisor to
purchase the lands to be acquired for the purposes herein specified, at
an amount not to exceed that approved by the town board.

4. The purchase price of such property shall be a town charge and may,
by resolution of the town board, be paid from any funds in such town
that may be legally used for such purposes.