Section 65. Lands may be sold or leased; disposition of proceeds  


Latest version.
  • Any lands
      acquired by purchase or  condemnation,  for  the  purpose  of  obtaining
      gravel,  stone  or other materials for the construction, reconstruction,
      improvement or maintenance of highways as provided in this  article,  or
      required   for   spoil  banks,  may,  with  the  consent  of  the  state
      commissioner of transportation, be sold in accordance with  the  eminent
      domain procedure law or leased by the governing body of the county which
      acquired said lands, when no longer needed for any of such purposes. The
      proceeds thereof shall be paid into the county treasury and shall become
      a  part  of  the  county road fund. The governing body may, where it has
      acquired lands by purchase or condemnation as a right-of-way for a state
      highway, with the consent of the commissioner of  transportation,  sell,
      convey,  grant or lease to the owner or owners of property adjoining the
      same, so much thereof as may be unnecessary for such  highway  purposes,
      provided  the  strip  of  land retained for such highway purposes is not
      less than sixty feet in width, and provided such sale, conveyance, grant
      or lease will give said adjoining owner or owners  of  land  a  frontage
      immediately  in  front of their respective premises upon the new highway
      and right-of-way when completed. The governing body may make such  sale,
      conveyance,  grant or lease to such owner or owners of real property for
      the purpose of compensating such owner or owners for  damages  sustained
      by  reason  of  the  change  of the location of such highway and in full
      settlement thereof.
        In the county of Wayne, however,  if  any  such  owner  or  owners  of
      property  adjoining  lands  acquired  by  said  county  from the R.&S.
      Liquidating Corporation and being formerly  lands  of  the  Rochester  &
      Syracuse  Trolley  Company,  for  purposes of a right-of-way for a state
      highway, do not purchase such lands  or  any  part  thereof  as  may  be
      unnecessary  for  highway  purposes  as provided by this section, within
      sixty days from the receipt by such owner or owners of the offer of  the
      governing  body  of  such county to sell such lands or any part thereof,
      then such governing body may sell and convey  such  lands  or  any  part
      thereof  on  the  same  terms  and  conditions as those of such offer or
      offers, to any other person or persons, and the proceeds  thereof  shall
      be used in the manner provided by this section.