Section 197. Damages for change of grade

In any town in which a town
  highway shall be repaired, graded and macadamized from curb to  curb  by
  the  authorities of the town the owner or owners of the land adjacent to
  the said highway shall be entitled to recover from the town the  damages
  resulting from any change of grade.  A person claiming damages from such
  change  of  grade must present to the town board of such town 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  him.    If  no  agreement  be made within thirty days after the
  presentation of the claim, the person presenting it  may  apply  to  the
  supreme  court  to  determine  the compensation to which he is entitled.
  Notice of the application must be served upon the supervisor of the town
  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. Such town board,  shall,  in  determining  the
  compensation,  consider the fair value of the work done, or necessary to
  be done, in order to place the claimant's lands, or buildings, or  both,
  in  the  same  relation to the changed grade as they stood to the former
  grade, and make awards accordingly,  except  that  said  board  or  said
  commissioners may make an allowance for benefits derived by the claimant
  from  such  improvement. 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 town and the  supervisor  shall  pay  the
  same out of funds made available therefor by the town.