2013 New York Consolidated Laws
VIL - Village
Article 6 - (6-600 - 6-632) STREETS, SIDEWALKS AND PUBLIC GROUNDS
6-616 - Changing grade of street or bridge.

 
    §  6-616.  Changing  grade  of  street  or bridge. 1. If a village has
  exclusive control and jurisdiction of a street or bridge therein, it may
  change the grade thereof. If such  change  of  grade  shall  injuriously
  affect  any  building  or land adjacent thereto, or the use thereof, the
  change of grade, to the extent of the damage resulting therefrom,  shall
  be  deemed  the  taking  of  such  adjacent property for a public use. A
  person claiming damages from such change of grade must  present  to  the
  board of trustees a verified claim therefor within sixty days after such
  change  of  grade  is effected. The board may agree with such owner upon
  the amount of damages to be allowed to him, or make to  him  a  verified
  offer to settle or compromise such claim. If no agreement be made within
  thirty  days  after the presentation of the claim, the person presenting
  it may apply pursuant to  the  eminent  domain  procedure  law,  to  the
  supreme  court  to  determine  the compensation to which he is entitled.
  Notice of the application must be served upon the board of  trustees  at
  least  ten  days  before  the  hearing thereof. All proceedings shall be
  taken in accordance with the provisions of the eminent domain  procedure
  law,  so  far  as applicable. The amount agreed upon for such damages or
  the award therefor, together with the costs,  if  any,  allowed  to  the
  claimant, shall be a charge against such village.
    2.  Whenever the grade of any street, highway or bridge in any village
  in this state shall be changed or altered so  as  to  interfere  in  any
  manner  with  any  building  or  buildings  situate thereon, or adjacent
  thereto, or the use thereof, or shall injure or damage the real property
  adjoining such highway so changed or altered, the  owner  or  owners  of
  such  building  or  real estate may apply pursuant to the eminent domain
  procedure law, to the supreme court in the judicial  district  in  which
  such  property  is  situated  to  ascertain  and determine the amount of
  damage sustained thereby; due notice of such application shall be  given
  to  the person or persons having competent authority to make such change
  or alteration. No person or property owner shall be entitled to  recover
  any damages who shall, in writing, request or assent that the said grade
  of  any such street shall be changed or altered. All damages ascertained
  and determined under the provisions of this subdivision,  together  with
  the  costs  of such proceedings, shall be a charge, when allowable, upon
  the village, town or other municipality chargeable with the  maintenance
  of  the street, highway or bridge so altered or changed; but no property
  owner or person instituting proceedings to  recover  damages  under  the
  provisions  of  this  subdivision shall be entitled to costs, unless the
  claim for such damages shall have first been presented to  and  rejected
  by,   or   neglected  to  have  been  adjusted  for  thirty  days  after
  presentation by the trustees or other proper officers of  said  village,
  town or municipality, nor in case such trustees or other proper officers
  shall have made an offer to settle or compromise such claim, which offer
  is declined by said property owner, unless he shall recover more than is
  so offered.
    This  subdivision  shall  not apply to the change of grade of streets,
  highways or bridges by village authorities nor to the change  of  grade,
  made  by  the  state,  of  a bridge or state highway, which is under the
  exclusive control, supervision or jurisdiction of the state, nor to  the
  change  of grade, made by a county, of a bridge or county highway, which
  is under the exclusive  control,  supervision  or  jurisdiction  of  the
  county.
    3.  No  proceeding  or  action  under this section shall be maintained
  against the villages unless the same shall be commenced within one  year
  after the filing of the verified claim.