N.Y. HAY Law § 104 — New York Code / Act HAY / Article 5 / Section 104
Closing highways
Status: in_force

§ 104. Closing highways. If it shall appear necessary to close any\nstate highway in an emergency or in order to permit a proper completion\nof any work of improvement thereon, the commissioner of transportation\nor the county superintendent upon the request of the commissioner of\ntransportation, shall execute a certificate and file the same in the\noffice of the town clerk of the town in which such highway is situated.\nIf it shall appear necessary to a county superintendent to close a\ncounty road or a town superintendent to close a town highway, said\nsuperintendent shall execute a similar certificate and file the same in\nthe office of the town clerk in which such highway is situated. In\neither case, such certificate shall state the necessity for the closing\nof such highway and describe the portion thereof to be closed. At the\ntime of filing such certificate the commissioner of transportation or\nthe county superintendent, as the case may be, shall notify the\ncontractor who is constructing, improving or repairing said state\nhighway that the same is closed to public travel until otherwise\nnotified and shall cause to be posted conspicuous notices to the effect\nthat the highway is closed.\n  It shall thereupon be the duty of said contractor to erect suitable\nobstruction for closing said state highway, including the necessary\nlights which shall be visible to any one approaching such obstruction\nfrom one hour after sunset to one hour before sunrise and said\ncontractor shall notwithstanding any general or special law be liable\nfor all damages to persons or property sustained by reason of not so\nerecting and so lighting such suitable obstruction. If the work of\nimprovement, construction or repairs upon a state highway is being\nperformed by state forces, or otherwise than by contract, the\nrepresentative of the department of transportation in charge of such\nwork, shall at the time of the filing of such certificate, post\nconspicuous notices to the effect that the highway is closed, and shall\nerect and maintain a lighted obstruction in the same manner as\nhereinbefore described. At the time of filing such a certificate\nrelating to a county road by the county superintendent, he shall notify\nthe town superintendent to close said county road. Upon such\nnotification or upon filing such certificate for closing of a town\nhighway, the town superintendent shall thereupon close the same to\npublic travel by posting conspicuous notices to the effect that the\nhighway is closed and by erecting and maintaining a lighted obstruction\nin the manner hereinbefore described. In case of the closing of any\nhighway under the provisions of this section, the town superintendent\nshall, if practicable, provide a new location for, and construct a\ntemporary highway to be used by the traveling public in lieu of the\nclosed highway and may erect temporary bridges when necessary or cause\nother existing highways to be used. For the purpose of locating,\nconstructing and erecting such temporary highway or bridge the town\nsuperintendent may enter upon the lands adjoining or near to the closed\nhighway and may, with the approval of the town board, agree with the\nowners of such land as to the damages if any caused thereby.\n  If the town superintendent is unable to agree with such owner upon the\namount of damages thus sustained the amount thereof shall be\nascertained, determined and paid as provided in section one hundred\nforty-eight. When such highway shall have been closed to the public as\nprovided herein, any person who disregards the obstruction and notice,\nand drives, rides or walks over the portion of the highway so closed\nshall be guilty of a misdemeanor.\n