New York Highway Law Section 118-B - Entry upon lands by county superintendent.

  118-b.  Entry  upon  lands  by  county  superintendent.  The county
  superintendent may, when authorized by the county board, enter
1. Upon any lands adjacent to any  county  road  for  the  purpose  of
  opening  an existing ditch or drain, or for digging a new ditch or drain
  for the free passage of water for the drainage of such road.
2. Upon the lands of any person adjoining rivers, streams  or  creeks,
  to drive piles, throw up embankments and perform such other labor as may
  be  necessary to keep such rivers, streams or creeks within their proper
  channels, and to prevent their encroachment upon county roads or bridges
  and culverts thereon.
3. Upon the lands adjoining county  roads  which,  during  the  spring
  freshets  or  at  a time of high water are subject to overflow from such
  rivers, streams or creeks, to remove or change the position of  a  fence
  or  other obstruction preventing the free flow of water under or through
  such road or bridges and culverts thereon,  whenever  the  same  may  be
  necessary for the protection of such roads, bridges or culverts.
4.  Upon  any  lands  adjacent  to county roads to remove any fence or
  other obstruction which causes snow to drift in and upon such roads, and
  erect snow fences or other  devices  upon  such  lands  to  prevent  the
  drifting of snow in or upon such roads.
Where lands are entered upon under the provisions of this section, the
  county  superintendent shall agree with the owner of such lands, subject
  to the approval of the county board, as to the  amount  of  damages,  if
  any, sustained by such owner in consequence of such entry in performance
  of  the  work  authorized by this section, and the amount of such damage
  shall be a county charge. If the  county  superintendent  is  unable  to
  agree  with  such  owner  upon  the amount of damages thus sustained the
  amount thereof shall be ascertained, determined and paid in  the  manner
  that   damages   are   so   ascertained,   determined  and  paid,  where
  rights-of-way  are  necessary  for  the  construction,   reconstruction,
  improvement  or  repair  of  county  roads  generally  and  the board of
  supervisors is unable to acquire such rights-of-way by purchase.

Last modified: February 3, 2019