2013 New York Consolidated Laws
STL - State
Article 5 - (60) ENTRY UPON LANDS FOR PURPOSES OF UNITED STATES SURVEY
60 - Entry upon lands for purposes of United States survey.

 
    § 60. Entry  upon  lands  for  purposes  of  United States survey. Any
  person employed under and by virtue of an act of congress of the  United
  States, passed the tenth day of February, one thousand eight hundred and
  seven,  and of the supplements thereto, may enter upon lands within this
  state for the purpose of exploring, triangulating,  leveling,  surveying
  and  doing any other act which may be necessary to carry out the objects
  of  said  laws,  and  may  erect  any  works,  stations,  buildings  and
  appendages  requisite  for  that  purpose,  doing  no unnecessary injury
  thereby.
    If the parties interested can not agree upon the amount to be paid for
  damages caused thereby, either of them may petition the supreme court in
  the county in which the land is situated, which court  shall  appoint  a
  time  for a hearing as soon as may be, and order at least fourteen days'
  notice to be given to all parties interested, and with or without a view
  of the premises, as the court may determine, hear the parties and  their
  witnesses and assess damages.
    The  person  so  entering  upon  land  may tender to the party injured
  amends therefor, and if in case of  appeal  to  the  supreme  court  the
  damages  finally  assessed do not exceed the amount tendered, the person
  entering shall recover  costs,  otherwise  the  prevailing  party  shall
  recover costs.
    The costs to be allowed in all such cases shall be the same as allowed
  according to rules by the court.
    If  any  person  shall  wilfully deface, injure, or remove any signal,
  monument, building, or other property of the  United  States  coast  and
  geodetic  survey,  constructed or used under or by virtue of the acts of
  congress aforesaid, he shall forfeit a sum not exceeding  fifty  dollars
  for  each  offense,  and  shall  be  liable for damages sustained by the
  United States in consequence of such defacing, injury or removal, to  be
  recovered   in  an  action  on  the  case  in  any  court  of  competent
  jurisdiction.