N.Y. High. Law § 65
Any lands acquired by purchase or condemnation, for the purpose of obtaining gravel, stone or other materials for the construction, reconstruction, improvement or maintenance of highways as provided in this article, or required for spoil banks, may, with the consent of the state commissioner of transportation, be sold in accordance with the eminent domain procedure law or leased by the governing body of the county which acquired said lands, when no longer needed for any of such purposes. The proceeds thereof shall be paid into the county treasury and shall become a part of the county road fund. The governing body may, where it has acquired lands by purchase or condemnation as a right-of-way for a state highway, with the consent of the commissioner of transportation, sell, convey, grant or lease to the owner or owners of property adjoining the same, so much thereof as may be unnecessary for such highway purposes, provided the strip of land retained for such highway purposes is not less than sixty feet in width, and provided such sale, conveyance, grant or lease will give said adjoining owner or owners of land a frontage immediately in front of their respective premises upon the new highway and right-of-way when completed. The governing body may make such sale, conveyance, grant or lease to such owner or owners of real property for the purpose of compensating such owner or owners for damages sustained by reason of the change of the location of such highway and in full settlement thereof.
In the county of Wayne, however, if any such owner or owners of property adjoining lands acquired by said county from the R. and S. Liquidating Corporation and being formerly lands of the Rochester and Syracuse Trolley Company, for purposes of a right-of-way for a state highway, do not purchase such lands or any part thereof as may be unnecessary for highway purposes as provided by this section, within sixty days from the receipt by such owner or owners of the offer of the governing body of such county to sell such lands or any part thereof, then such governing body may sell and convey such lands or any part thereof on the same terms and conditions as those of such offer or offers, to any other person or persons, and the proceeds thereof shall be used in the manner provided by this section.
N.Y. High. Law § 65