N.Y. HAY Law § 170

§ 170. Survey for the laying out of a highway. Whenever the town\nsuperintendent shall lay out any highway, either upon application to him\nor otherwise, he shall notify the county superintendent, whose duty it\nshall be to either make a survey, or cause the same to be made, and the\ntown superintendent shall incorporate the survey in an order to be\nsigned by him, and to be filed and recorded in the office of the town\nclerk, who shall note the time of recording the same. Notwithstanding\nthe provisions of any general or special law, the county superintendent,\nhis agents, contractors or employees when engaged on work connected with\nlaying out a town highway, may pursuant to the eminent domain procedure\nlaw enter upon any property for the purpose of making surveys, test\npits, test borings, or other investigations. Claims for any damage\ncaused by such work may be adjusted by the town board or determined\npursuant to the eminent domain procedure law. The cost of such survey\nshall be a town charge payable in the same manner as other charges\nagainst the town.\n