Section 59. Survey and map of lands to be acquired; appropriation of land  


Latest version.
  • When directed by the governor to acquire designated lands, structures or
      waters, for the purposes hereinbefore prescribed, the  commission  shall
      cause  a  survey  and map of such lands to be made.  The members of such
      commission and its duly authorized agents and employees may  enter  upon
      such  lands,  and  the structures and waters thereon, for the purpose of
      making such survey and map. There shall be annexed thereto a certificate
      executed by the members of the commission, stating that  the  lands  and
      the structures and waters thereon, described in such survey and map, are
      necessary  for  purposes of public defense and for other public purposes
      incidental thereto including public highway purposes. If any  rights  of
      way,  easements  or other estates or interests in lands are acquired for
      public highway purposes, the certificate of the commission shall include
      a description of the strips of land to be used for such purposes.    The
      original  of  such  survey  and map and the certificates annexed thereto
      shall be submitted to the governor, and if approved by him, it shall  be
      filed  in  the office of the department of state. A copy of such survey,
      map and certificates, certified by the department  of  state,  shall  be
      filed by the commission in the office of the county clerk of each county
      in which such lands, or any portion thereof, are situated.
        From  the  time of the filing of the said survey and map in the office
      of the department of state, entry upon and appropriation by  the  state,
      of  the  property  described  in  such  survey  and map for the purposes
      hereinbefore prescribed, shall be deemed complete and the strips of land
      selected for such public highway purposes shall thereupon become and  be
      and  forever  continue  to  be open and established public highways. The
      commission shall, immediately upon such filing of the survey and map  in
      the office of the department of state, enter upon and take possession of
      all  the  lands, structures and waters described in such survey and map.
      The commission shall thereupon cause the strips  of  land  selected  for
      public  highway  purposes  to  be  constructed and improved as such. The
      expenses of such construction and improvement shall  be  paid  from  the
      treasury out of funds appropriated therefor, on the audit and warrant of
      the  comptroller.    Such  highways  shall  thereafter be maintained and
      repaired under the direct supervision and control of the  department  of
      transportation  as  a  part  of  the  improved  highways  of  the state,
      excepting however, that state highway ninety-one hundred and four, lying
      wholly within the borough of Queens, city of New York shall hereafter be
      maintained and repaired under the direct supervision and control of  the
      city of New York as a city street for street purposes in accordance with
      the provisions of the administrative code of the city of New York.