NY Hwy L § 62 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 62 - Improvement of Alignment and of Dangerous Conditions on Repair Work.

§  62.  Improvement of alignment and of dangerous conditions on repair   work. Whenever in the maintenance, repair  or  reconstruction  of  state   highways  under  the  provisions  of  this  chapter, the commissioner of   transportation shall have determined upon the necessity of a  change  in   location  for the improvement of alignment or of dangerous conditions on   a section of such highway, and provided all necessary right of way shall   have been acquired in accordance with this chapter,  the  department  of   transportation  may  proceed  with  such  improvement.  The cost of such   improvement shall be paid from the funds  which  are  provided  for  the   repair or reconstruction of state highways.Except  as hereinafter provided, upon the completion and acceptance of   a  section  of  highway  constructed  on  a  new  location  acquired  to   accomplish  the  improvement  of alignment or of dangerous conditions as   above prescribed, the  commissioner  of  transportation  shall  make  an   official  order  discontinuing  the  maintenance  by  the  state of such   section of highway on old location, including such  part  of  any  other   state  highway  which crosses the new location and terminates at the old   location as lies between the new and  the  old  location  of  the  state   highway  so improved, and also including any and all bridges or culverts   located  thereon  or  immediately  adjacent  thereto,  as  it  had  been   maintained by the state as a part of the state highway system before the   improvement  of alignment or of dangerous conditions. If such section of   highway or part thereof is located  in  an  incorporated  village,  such   section,  or  part  thereof  on old location, including such part of any   other state highway which crosses the new location and terminates at the   old location as lies between the new and the old location of  the  state   highway  so  improved,  and also including bridges and culverts thereon,   shall be maintained thereafter by the  village  where  such  section  is   located,  excepting  however  that any bridge and culvert thereon, which   were maintained by the town at  the  time  of  the  improvement  of  the   section by the state, shall be maintained by such town within which such   village is located. Any bridge and culvert thereon which were maintained   by  the  county in which such village is located, before the improvement   of the section by the state, shall be maintained by such county.If such section of highway was at the time of its improvement  by  the   state  on  a  town  highway, such section on the old location or so much   thereof outside of the limits of an incorporated village, including such   part of any other state highway  which  crosses  the  new  location  and   terminates  at  the  old  location  as  lies between the new and the old   location of the state highway so improved, and also  together  with  any   bridge  and  culvert thereon, shall be maintained thereafter by the town   or towns where it is located.If such section of highway was at the time of its improvement  by  the   state  on  a  county  road,  such section on the old location or as much   thereof outside of the limits of an incorporated village, including such   part of any other state highway  which  crosses  the  new  location  and   terminates  at  the  old  location  as  lies between the new and the old   location of the state highway so improved, and also  together  with  any   bridge and culvert thereon, shall be maintained thereafter by the county   or counties where it is located.If  such  section of highway is not located in an incorporated village   and at the time of its improvement by  the  state  was  not  on  a  town   highway or on a county road, such section on the old location, including   such  part of any other state highway which crosses the new location and   terminates at the old location as lies  between  the  new  and  the  old   location  of  the  state highway so improved, and also together with any   bridge and culvert thereon, shall be maintained thereafter by the county   or counties where it is located or the  commissioner  of  transportation    may,  with  the  approval  of  the  director  of the budget, continue to   maintain said section of highway as part of the state highway system.When  the  section  of  highway upon which maintenance by the state is   discontinued includes a gap left in the original improvement to  provide   for  the  elimination or alteration of a railroad crossing, such gap for   the purposes of this chapter shall be deemed to be an  improved  highway   the same as the balance of such section.The  transfer of maintenance of a section of highway and of any bridge   and culvert thereon, to any  county  or  counties,  town  or  towns,  or   village  or villages as herein provided, shall become effective upon the   mailing of a certified copy of such  official  order  to  the  clerk  or   clerks  of the board or boards of supervisors of the county or counties,   to the town clerk or clerks or to the clerk or clerks of the village  or   villages, as the case may be.