82 - Location of route. - New York Statutes

§ 82. Location of route. Before commencing the construction of its pipe line in any county, and before commencing any proceeding for the condemnation of real property, such a corporation shall plainly mark the route adopted and located by it by stakes consecutively numbered and placed not more than twenty rods apart, and shall make a map and survey of the route so located indicating thereon the points where such route crosses each parcel of land not theretofore acquired, and shall cause such map and survey to be certified by its president and engineer, and filed in the office of the clerk of each county into or through which such route passes. Such corporation shall give written notice of the filing of such map and survey to the owner or occupant of every such parcel of land, if he is known or can be ascertained, stating that such route passes over or across his lands, as indicated thereon by such line of stakes. Within fifteen days after the service of such notice, any such owner or occupant feeling aggrieved by such location may give ten days' written notice to the corporation, by service thereof upon its president, engineer, or any director, and like notice to the owner or occupant of any lands to be affected by the alteration of route to be proposed, of the time and place of an application to a special term of the supreme court in the judicial district in which the lands are situated for the appointment of commissioners to relocate such route. If the court shall determine that sufficient cause exists therefor, it shall appoint three disinterested persons as commissioners to examine the route located and the proposed alteration thereof, and direct the mode of proceeding. The commissioners shall report to the court the facts and their opinion as to the proposed alteration, and what, if any, alteration should be made in such route, and the court shall thereupon make an order finally determining the location of such route upon the lands embraced therein, and fixing and adjusting the costs, fees, and charges of the commissioners, and the costs and expenses of the proceedings, and directing by which party the same shall be paid. Payment thereof may be enforced by proceedings as for a contempt. Such corporation shall not begin to construct or lay its line of pipe, or commence proceedings for the condemnation of real property, in any county, until after the expiration of fifteen days from the service of the notice herein required, nor until all applications for a relocation of its route in such county, if any are made, have been finally determined.