2023 New York Laws › HAY - Highway › Article 6 - County Roads › 118-A - Abandoning of Parts of County Highways.

§ 118-a. Abandoning of parts of county highways. Whenever, pursuant to
  this  act  or under the provisions of any statute, any county road shall
  have  been  widened,  straightened,  extended,  drained,  paved   and/or
  otherwise  improved  and  in  the  process  thereof  a county shall have
  acquired from  an  adjacent  owner  certain  lands  necessary  for  said
  right-of-way by purchase, condemnation or as a gift and where under such
  circumstances  either the grantor of said new right-of-way shall own the
  property on both sides thereof for the full length of the new taking  or
  the  consent  in writing of any and all other owners within such area be
  given, and there shall be sections of the old road as it existed  before
  said  improvement  which  are  of no further use for highway purposes to
  said county, the board of supervisors of said county in which said  land
  is  situated,  upon  the  recommendation of the county superintendent of
  highways, may abandon to the abutting owner or owners such  sections  or
  parts of the old road as it existed before said improvement which are of
  no  further  use  for  highway  purposes,  providing the road after such
  abandonment shall not be less than three rods in width, and the chairman
  of the board of supervisors of  said  county  is  hereby  authorized  to
  execute  and acknowledge in the name of the county and affix the seal of
  the county to a quit-claim deed or deeds of the land so abandoned and to
  deliver the same to the abutting owner or owners for such  consideration
  and  upon  such  terms and conditions as the board of supervisors of the
  county shall deem proper.
Whenever, pursuant to this chapter or  under  the  provisions  of  any
  statute,  the  maintenance  of  any section of a highway by the state is
  discontinued by official order or otherwise and the maintenance  thereof
  transferred  to a county, and such section of such road is of no further
  use for highway purposes to said county, the  board  of  supervisors  in
  which  said  land  is  situated,  upon  the recommendation of the county
  superintendent of highways, may adopt a resolution  to  abandon  to  the
  abutting  owner  or  owners  of such section of such road which is of no
  further use for highway purposes, and  the  chairman  of  the  board  of
  supervisors   of  said  county  is  hereby  authorized  to  execute  and
  acknowledge in the name of the county, and affix the seal of the  county
  to  a quit claim deed or deeds of the lands so abandoned, and to deliver
  the same to the abutting owner or owners for such consideration and upon
  such terms and conditions as the board of  supervisors  of  said  county
  shall deem proper.
The  adoption of the hereinbefore mentioned resolution by the board of
  supervisors shall be an immediate abandonment and discontinuance of  the
  use for highway and street purposes of said sections or parts of the old
  road   described  in  said  resolution  without  any  further  or  other
  proceeding.
Notwithstanding any other provisions of  law,  the  superintendent  of
  highways,  with  the approval by resolution of the board of supervisors,
  may establish parking areas on land which would ordinarily be  abandoned
  by  the  highway  department,  due  to  new  right-of-ways, or widening,
  straightening,  extending,  draining,  paving  or  otherwise   improving
  highways.  The  superintendent  may  also  place upon said parking areas
  suitable picnic tables and facilities for the traveling public. The area
  so developed by the superintendent of highways shall be used for parking
  and resting purposes primarily and shall not be developed for  or  as  a
  public park.