2023 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.