N.Y. HAY Law § 65

§ 65. Lands may be sold or leased; disposition of proceeds. Any lands\nacquired by purchase or condemnation, for the purpose of obtaining\ngravel, stone or other materials for the construction, reconstruction,\nimprovement or maintenance of highways as provided in this article, or\nrequired for spoil banks, may, with the consent of the state\ncommissioner of transportation, be sold in accordance with the eminent\ndomain procedure law or leased by the governing body of the county which\nacquired said lands, when no longer needed for any of such purposes. The\nproceeds thereof shall be paid into the county treasury and shall become\na part of the county road fund. The governing body may, where it has\nacquired lands by purchase or condemnation as a right-of-way for a state\nhighway, with the consent of the commissioner of transportation, sell,\nconvey, grant or lease to the owner or owners of property adjoining the\nsame, so much thereof as may be unnecessary for such highway purposes,\nprovided the strip of land retained for such highway purposes is not\nless than sixty feet in width, and provided such sale, conveyance, grant\nor lease will give said adjoining owner or owners of land a frontage\nimmediately in front of their respective premises upon the new highway\nand right-of-way when completed. The governing body may make such sale,\nconveyance, grant or lease to such owner or owners of real property for\nthe purpose of compensating such owner or owners for damages sustained\nby reason of the change of the location of such highway and in full\nsettlement thereof.\n In the county of Wayne, however, if any such owner or owners of\nproperty adjoining lands acquired by said county from the R. & S.\nLiquidating Corporation and being formerly lands of the Rochester &\nSyracuse Trolley Company, for purposes of a right-of-way for a state\nhighway, do not purchase such lands or any part thereof as may be\nunnecessary for highway purposes as provided by this section, within\nsixty days from the receipt by such owner or owners of the offer of the\ngoverning body of such county to sell such lands or any part thereof,\nthen such governing body may sell and convey such lands or any part\nthereof on the same terms and conditions as those of such offer or\noffers, to any other person or persons, and the proceeds thereof shall\nbe used in the manner provided by this section.\n