NY Hwy L § 104 (2021)
2021 New York Laws HAY - Highway Article 5 - County Superintendents 104 - Closing Highways.

§  104.  Closing  highways.  If it shall appear necessary to close any   state highway in an emergency or in order to permit a proper  completion   of  any  work of improvement thereon, the commissioner of transportation   or the county superintendent upon the request  of  the  commissioner  of   transportation,  shall  execute  a  certificate and file the same in the   office of the town clerk of the town in which such highway is  situated.   If  it  shall  appear  necessary  to  a county superintendent to close a   county road or a town superintendent  to  close  a  town  highway,  said   superintendent  shall execute a similar certificate and file the same in   the office of the town clerk in  which  such  highway  is  situated.  In   either  case, such certificate shall state the necessity for the closing   of such highway and describe the portion thereof to be  closed.  At  the   time  of  filing  such certificate the commissioner of transportation or   the county  superintendent,  as  the  case  may  be,  shall  notify  the   contractor  who  is  constructing,  improving  or  repairing  said state   highway that the  same  is  closed  to  public  travel  until  otherwise   notified  and shall cause to be posted conspicuous notices to the effect   that the highway is closed.It shall thereupon be the duty of said contractor  to  erect  suitable   obstruction  for  closing  said  state  highway, including the necessary   lights which shall be visible to any one  approaching  such  obstruction   from  one  hour  after  sunset  to  one  hour  before  sunrise  and said   contractor shall notwithstanding any general or special  law  be  liable   for  all  damages  to  persons or property sustained by reason of not so   erecting and so lighting such  suitable  obstruction.  If  the  work  of   improvement,  construction  or  repairs  upon  a  state highway is being   performed  by  state  forces,  or  otherwise  than  by   contract,   the   representative  of  the  department  of transportation in charge of such   work, shall at  the  time  of  the  filing  of  such  certificate,  post   conspicuous  notices to the effect that the highway is closed, and shall   erect  and  maintain  a  lighted  obstruction  in  the  same  manner  as   hereinbefore  described.  At  the  time  of  filing  such  a certificate   relating to a county road by the county superintendent, he shall  notify   the   town   superintendent   to  close  said  county  road.  Upon  such   notification or upon filing such  certificate  for  closing  of  a  town   highway,  the  town  superintendent  shall  thereupon  close the same to   public travel by posting conspicuous notices  to  the  effect  that  the   highway  is closed and by erecting and maintaining a lighted obstruction   in the manner hereinbefore described. In case  of  the  closing  of  any   highway  under  the  provisions of this section, the town superintendent   shall, if practicable, provide a  new  location  for,  and  construct  a   temporary  highway  to  be  used  by the traveling public in lieu of the   closed highway and may erect temporary bridges when necessary  or  cause   other  existing  highways  to  be  used.  For  the  purpose of locating,   constructing and erecting such temporary  highway  or  bridge  the  town   superintendent  may enter upon the lands adjoining or near to the closed   highway and may, with the approval of the town  board,  agree  with  the   owners of such land as to the damages if any caused thereby.If the town superintendent is unable to agree with such owner upon the   amount   of   damages   thus  sustained  the  amount  thereof  shall  be   ascertained, determined and paid as  provided  in  section  one  hundred   forty-eight.  When  such highway shall have been closed to the public as   provided herein, any person who disregards the obstruction  and  notice,   and  drives,  rides  or  walks over the portion of the highway so closed   shall be guilty of a misdemeanor.