N.Y. HAY Law § 340-D — New York Code / Act HAY / Article 12 / Section 340-D
Construction, improvement and maintenance of state expressways
Status: in_force

§ 340-d. Construction, improvement and maintenance of state\nexpressways. 1. The expressways set forth and described in section three\nhundred forty-c of the highway law shall be constructed or improved\naccording to such designs and types as determined by the commissioner of\ntransportation, subject to the provisions of federal aid therefor. Each\nstate expressway shall ultimately provide for not less than two lanes of\ntraffic in each direction. Opposing traffic on every completed state\nexpressway shall ultimately be separated by a mall generally or the\ncommissioner of transportation may separate such opposing traffic by\nsuch other alignment of respective lanes of traffic which, in his\njudgment, is practicable, because of topographic conditions and is\nbeneficial to the public interest. Access from one traffic direction to\nthe other shall be provided only at such points and in such manner as\nthe commissioner of transportation shall determine. Any state highway,\nor portion thereof may be utilized and become a part of any state\nexpressway when authorized by the commissioner of transportation.\nAccess or branch connections from any such state expressway or section\nthereof to any highway, road or street shall, in the discretion of the\ncommissioner of transportation, be included in the plans, specifications\nand estimates and shall be constructed according to such design and type\nas the commissioner of transportation shall deem to be suitable for the\npurpose thereof. For any portion or section of a state expressway\nauthorized within the corporate limits of a city, provision shall be\nmade for access thereto from existing streets at points designated by\nthe commissioner of transportation. The commissioner of transportation\nmay set monuments on the boundaries of such state expressway, and he may\ncause fences to be erected along or adjacent to such boundaries, and he\nis authorized to install suitable lighting, directional and protective\nfacilities, devices and appurtenances, if he deems it necessary in the\ninterest of public safety. The maintenance and repair of state\nexpressways shall include the control of snow and ice and shall be done\nby forces of the department of transportation or by such other method or\nmethods as determined by the commissioner, under his direct supervision\nand control and any inconsistent provisions of this chapter are\nsuperseded insofar as they conflict with this provision. The cost of\nsuch maintenance and repair shall be borne wholly by the state and be\npaid for from moneys appropriated therefor by the legislature.\n  2. The commissioner of transportation is authorized to classify any\npart of a state expressway as a controlled access highway pursuant to\nthis chapter. Highway crossings at grade and railroad grade crossings\nshall be eliminated generally by structures to be determined by the\ncommissioner of transportation, who is hereby given authority to\ncombine, connect, alter, reconstruct, terminate or relocate intersecting\nhighways, streets, or roads to adjust traffic to such grade separation\nstructures, or any portion of a state expressway or connection. In the\ndiscretion of the commissioner of transportation, a structure may be\nconstructed to eliminate an existing crossing at grade of a railroad and\na highway which intersects or closely parallels a state expressway.  The\nentire cost of structures constructed pursuant to this paragraph as so\ndetermined by the commissioner of transportation shall be included in\nthe cost of the state expressway. Structures constructed pursuant to\nthis paragraph shall be maintained and repaired by the state.  Highways\ncombined, connected, altered, reconstructed, relocated or carried over\nor under a state expressway section or connection, under the provisions\nof this paragraph, shall, upon completion of the work, revert to and\nbecome the responsibility with regard to maintenance and repair, of the\nstate, municipality, authority, commission or other public agency, as\nthe case may be, having jurisdiction thereover immediately prior to the\ncommencement of such work.\n  3. Notwithstanding any inconsistent provisions of this chapter or any\nother law, general or special, any and all property which the\ncommissioner of transportation deems necessary for the construction,\nreconstruction and maintenance of state expressways and bridges thereon\nshall be acquired and disposed of pursuant to the provisions of any\nsection or sections of this chapter applicable to the acquisition of\nland or rights and interests therein, and for the settlement of claims\nfor damage resulting from the work of constructing, reconstructing and\nmaintaining such state expressways. The commissioner of transportation,\nfor the people of the state of New York, shall acquire pursuant to the\naforesaid procedures any property or interest therein, necessary for any\nand all purposes connected with the construction, reconstruction and\nmaintenance of the state expressways, including the appropriation of\nproperty for drains, ditches, spoil banks, gravel pits, stone quarries,\nstorehouses and repair shops; also for the removal of obstructions,\nimprovement of sight distance; also for appropriation of property for\nthe reconstruction of existing highway-railroad separation structures\nupon incorporation into a state expressway of an existing highway or\nportion thereof of which they form a part, and for the separation of\nstate expressway-railroad grades on newly laid-out state expressways;\nand for other purposes to improve safety conditions on the state\nexpressways. The term "property" as used in this section is defined to\ninclude lands, waters, rights in lands or waters, structures, franchises\nand interests in land, including lands under water and riparian rights,\nand any and all other things and rights usually included within the said\nterm and includes also any and all interests in such property less than\nfull title, such as easements permanent or temporary, rights-of-way,\nuses, leases, licenses and all other incorporeal hereditaments and every\nestate, interest or right legal or equitable.\n  4. If moneys of the federal government are or may reasonably be\nexpected to be available therefor, under federal aid highway acts, the\ncommissioner of transportation is authorized to use such moneys or so\nmuch thereof as he may determine to accept, together with other\navailable moneys, for (a) the construction and reconstruction of state\nexpressways designated and described in section three hundred forty-c of\nthis chapter, and (b) the construction, reconstruction, alteration or\nrepair, pursuant to the provisions of section two hundred thirty of this\nchapter, of bridges and culverts on the state expressways. No city shall\nbe required to participate in the costs of a state expressway project,\nexcept for those costs which are incurred under any special cooperative\nagreement between a city and the state.\n  5. All the provisions of this chapter relating to state highways and\nstate arterial highways shall apply to the construction or improvement\nand the control or maintenance of state expressways in the same manner\nas though they were designated as state highways or arterial highways.\n  6. Notwithstanding any inconsistent provisions of this chapter or any\nother law, general or special, the commissioner of transportation and\nthe appropriate authorities of any county, town or village shall, prior\nto the construction of any section of an expressway constructed or\nimproved pursuant to this section, enter into an agreement respecting\nthe abandonment to such county, town or village of any portion of an\nexisting state highway located therein and no longer needed by or useful\nto the state upon the completion and acceptance of any section of such\nexpressway.\n