NY Hwy L § 205 (2021)
2021 New York Laws HAY - Highway Article 8 - Town Highways 205 - Highways Abandoned.

§  205.  Highways abandoned. 1. Every highway that shall not have been   opened and worked within six years from the  time  it  shall  have  been   dedicated  to  the  use  of the public, or laid out, shall cease to be a   highway; but the period during which any action or proceeding shall have   been, or shall be pending in regard to any such highway, shall  form  no   part  of  such  six  years;  and  every highway that shall not have been   traveled or used as a highway  for  six  years,  shall  cease  to  be  a   highway, and every public right of way that shall not have been used for   said  period  shall  be  deemed  abandoned  as  a right-of-way. The town   superintendent with the written consent of a majority of the town  board   shall  file,  and cause to be recorded in the town clerk's office of the   town a written description, signed by him, and by  said  town  board  of   each  highway  and  public right-of-way so abandoned, and the same shall   thereupon be discontinued.2. There may also be a qualified abandonment of a  highway  under  the   following  conditions  and  for the following purposes, to wit: Where it   appears to the town superintendent and said town  board,  at  any  time,   that  a  highway has not become wholly disused as aforesaid, but that it   has not for two years next previous thereto, been usually traveled along   the greater part thereof, by more than two vehicles daily,  in  addition   to pedestrians and persons on horseback, and it shall also appear to the   superintendent  of  highways of the county in which such town is situate   that a qualified abandonment of such highway  is  proper  and  will  not   cause  injustice  or  hardship  to  the  owner  or occupant of any lands   adjoining such highway after  such  superintendent  shall  have  held  a   public  hearing thereon upon giving at least twenty days' written notice   to such owners and occupants of such lands of the time and place of such   hearing, they shall file and cause to be recorded in  the  town  clerk's   office  a  certificate  containing  a description of that portion of the   highway  partly  disused  as  aforesaid  and   declaring   a   qualified   abandonment  thereof.  The  effect  of  such qualified abandonment, with   respect to the portion of said highway  described  in  the  certificate,   shall be as follows: It shall no longer be worked at the public expense;   it  shall not cease to be a highway for purposes of the public easement,   by reason of such suspension of work thereon; no  persons  shall  impair   its  use  as  a highway nor obstruct it, except as hereinafter provided,   but no persons shall be required to keep  any  part  of  it  in  repair;   wherever  an  owner  or  lessee  of  adjoining  lands  has  the right to   possession of other lands wholly or partly on the directly opposite side   of the highway therefrom, he may  construct  and  maintain  across  said   highway a fence at each end of the area of highway which adjoins both of   said  opposite  pieces of land, provided that each said cross fence must   have a gate in the middle thereof at least ten  feet  in  length,  which   gate  must  at all times be kept unlocked and supplied with a sufficient   hasp or latch for keeping the same closed; all persons owning  or  using   opposite  lands, connected by such gates and fences, may use the portion   of highway thus enclosed for pasturage; any traveler or other person who   intentionally, or by wilful neglect, leaves such gate  unlatched,  shall   be  guilty  of a misdemeanor, and the fact of leaving it unlatched shall   be prima facie evidence of such intent or wilful neglect.  Excepting  as   herein  abrogated,  all  other  general  laws relating to highways shall   apply to such partially abandoned highway. This section shall not  apply   to  highways  less  than two rods in width unless it shall appear to the   town superintendent at any time that such a highway has not, during  the   months  of  June  to  September inclusive of the two years next previous   thereto, been usually traveled along the greater part  thereof  by  more   than ten pedestrians daily. Any  action  or  proceeding  involving  the  abandonment  or qualified   abandonment of a highway made pursuant to this section must, in the case   of abandonment, be commenced within one year from the date of filing  by   the town superintendent as provided in subdivision one of this section.