NY Hwy L § 340-D (2021)
2021 New York Laws HAY - Highway Article 12 - State Routes 340-D - Construction, Improvement and Maintenance of State Expressways.

§   340-d.   Construction,   improvement   and  maintenance  of  state   expressways. 1. The expressways set forth and described in section three   hundred forty-c of the highway law  shall  be  constructed  or  improved   according to such designs and types as determined by the commissioner of   transportation,  subject to the provisions of federal aid therefor. Each   state expressway shall ultimately provide for not less than two lanes of   traffic in each direction. Opposing traffic  on  every  completed  state   expressway  shall  ultimately  be  separated  by a mall generally or the   commissioner of transportation may separate  such  opposing  traffic  by   such  other  alignment  of  respective  lanes  of  traffic which, in his   judgment, is practicable,  because  of  topographic  conditions  and  is   beneficial  to the public interest. Access from one traffic direction to   the other shall be provided only at such points and in  such  manner  as   the  commissioner  of transportation shall determine. Any state highway,   or portion thereof may be utilized  and  become  a  part  of  any  state   expressway  when  authorized  by  the  commissioner  of  transportation.   Access or branch connections from any such state expressway  or  section   thereof  to  any highway, road or street shall, in the discretion of the   commissioner of transportation, be included in the plans, specifications   and estimates and shall be constructed according to such design and type   as the commissioner of transportation shall deem to be suitable for  the   purpose  thereof.  For  any  portion  or  section  of a state expressway   authorized within the corporate limits of a  city,  provision  shall  be   made  for  access  thereto from existing streets at points designated by   the commissioner of transportation. The commissioner  of  transportation   may set monuments on the boundaries of such state expressway, and he may   cause  fences to be erected along or adjacent to such boundaries, and he   is authorized to install suitable lighting, directional  and  protective   facilities,  devices  and appurtenances, if he deems it necessary in the   interest  of  public  safety.  The  maintenance  and  repair  of   state   expressways  shall include the control of snow and ice and shall be done   by forces of the department of transportation or by such other method or   methods as determined by the commissioner, under his direct  supervision   and  control  and  any  inconsistent  provisions  of  this  chapter  are   superseded insofar as they conflict with this  provision.  The  cost  of   such  maintenance  and  repair shall be borne wholly by the state and be   paid for from moneys appropriated therefor by the legislature.2. The commissioner of transportation is authorized  to  classify  any   part  of  a  state expressway as a controlled access highway pursuant to   this chapter. Highway crossings at grade and  railroad  grade  crossings   shall  be  eliminated  generally  by  structures to be determined by the   commissioner  of  transportation,  who  is  hereby  given  authority  to   combine, connect, alter, reconstruct, terminate or relocate intersecting   highways,  streets,  or roads to adjust traffic to such grade separation   structures, or any portion of a state expressway or connection.  In  the   discretion  of  the  commissioner  of transportation, a structure may be   constructed to eliminate an existing crossing at grade of a railroad and   a highway which intersects or closely parallels a state expressway.  The   entire cost of structures constructed pursuant to this paragraph  as  so   determined  by  the  commissioner of transportation shall be included in   the cost of the state expressway.  Structures  constructed  pursuant  to   this  paragraph shall be maintained and repaired by the state.  Highways   combined, connected, altered, reconstructed, relocated or  carried  over   or  under a state expressway section or connection, under the provisions   of this paragraph, shall, upon completion of the  work,  revert  to  and   become  the responsibility with regard to maintenance and repair, of the   state, municipality, authority, commission or other  public  agency,  as    the  case may be, having jurisdiction thereover immediately prior to the   commencement of such work.3.  Notwithstanding any inconsistent provisions of this chapter or any   other  law,  general  or  special,  any  and  all  property  which   the   commissioner  of  transportation  deems  necessary for the construction,   reconstruction and maintenance of state expressways and bridges  thereon   shall  be  acquired  and  disposed  of pursuant to the provisions of any   section or sections of this chapter applicable  to  the  acquisition  of   land  or  rights and interests therein, and for the settlement of claims   for damage resulting from the work of constructing,  reconstructing  and   maintaining  such state expressways. The commissioner of transportation,   for the people of the state of New York, shall acquire pursuant  to  the   aforesaid procedures any property or interest therein, necessary for any   and  all  purposes  connected  with the construction, reconstruction and   maintenance of the state expressways,  including  the  appropriation  of   property  for drains, ditches, spoil banks, gravel pits, stone quarries,   storehouses and repair shops; also  for  the  removal  of  obstructions,   improvement  of  sight  distance; also for appropriation of property for   the reconstruction of existing  highway-railroad  separation  structures   upon  incorporation  into  a  state expressway of an existing highway or   portion thereof of which they form a part, and  for  the  separation  of   state  expressway-railroad  grades  on newly laid-out state expressways;   and for other  purposes  to  improve  safety  conditions  on  the  state   expressways.  The  term "property" as used in this section is defined to   include lands, waters, rights in lands or waters, structures, franchises   and interests in land, including lands under water and riparian  rights,   and any and all other things and rights usually included within the said   term  and includes also any and all interests in such property less than   full title, such as easements  permanent  or  temporary,  rights-of-way,   uses, leases, licenses and all other incorporeal hereditaments and every   estate, interest or right legal or equitable.4.  If  moneys  of  the  federal  government  are or may reasonably be   expected to be available therefor, under federal aid highway  acts,  the   commissioner  of  transportation  is authorized to use such moneys or so   much thereof  as  he  may  determine  to  accept,  together  with  other   available  moneys,  for (a) the construction and reconstruction of state   expressways designated and described in section three hundred forty-c of   this chapter, and (b) the construction,  reconstruction,  alteration  or   repair, pursuant to the provisions of section two hundred thirty of this   chapter, of bridges and culverts on the state expressways. No city shall   be  required  to participate in the costs of a state expressway project,   except for those costs which are incurred under any special  cooperative   agreement between a city and the state.5.  All  the provisions of this chapter relating to state highways and   state arterial highways shall apply to the construction  or  improvement   and  the  control or maintenance of state expressways in the same manner   as though they were designated as state highways or arterial highways.6. Notwithstanding any inconsistent provisions of this chapter or  any   other  law,  general  or special, the commissioner of transportation and   the appropriate authorities of any county, town or village shall,  prior   to  the  construction  of  any  section  of an expressway constructed or   improved pursuant to this section, enter into  an  agreement  respecting   the  abandonment  to  such  county, town or village of any portion of an   existing state highway located therein and no longer needed by or useful   to the state upon the completion and acceptance of any section  of  such   expressway.