§ 15-2113 — Discontinuance or relocation, or both, of highways, roads and streets

New York § 15-2113

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 21: River Regulation By Storage Reservoirs
• Art. 15: Water Resources

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§ 15-2113. Discontinuance or relocation, or both, of highways, roads and\n streets.\n 1. If the board shall deem it necessary to discontinue a public\nhighway, road or street, or a part thereof, because of its interference\nwith the proper location of a reservoir for which preliminary plans\nshall have been adopted as provided in title 21 of this article, it may\ndiscontinue it; and if the board shall determine that the public\ninterest so requires, it may relocate such highway, road or street, or\nthe part discontinued, along a course wholly or partly within or without\nthe high flow line of such reservoir, and acquire, with funds of the\nboard applicable to the expense of such reservoir, in the manner\nprovided in title 21 of this article for the acquisition of real estate,\nthe necessary rights of way or easements for such relocated part, or in\nlieu of such a relocation may establish new highways to connect with\nthen existing highways, roads or streets, to afford a substantial\nequivalent, for purposes of highway traffic, of such a relocation. The\ndetermination of the board to relocate or establish any such highway,\nroad or street, shall be by resolution, setting forth a description of\nthe course of such highway, road or street, a certified copy of which\nshall be filed in the office of the clerk of each town and village\ncontaining any part of the relocated or new highway, road or street. If\nthe highway, or part thereof, so established or relocated shall be a\nstate or county highway, the resolution shall not be effective until\napproved by the state Commissioner of Transportation and his written\napproval appended thereto. From the time of the filing of such copy or\ncopies of the resolution, the relocated or connecting highway shall be\ndeemed duly laid out.\n 2. After having acquired the necessary rights of way or easements\ntherefor, the board, with its funds, shall construct such relocated or\nconnecting highway, road or street, or part thereof. If the highway, or\npart thereof, which is discontinued, be a state or county highway, or\npart thereof, the construction of the relocated or connecting highway\nshall be in accordance with plans approved by the state Commissioner of\nTransportation. If the highway, or part thereof, which is discontinued,\nbe a county road, or part thereof, the construction of the relocated or\nconnecting highway shall be in accordance with plans approved by the\ncounty superintendent of highways. In the case of any other highway ,\nroad or street, the board shall construct the same so as to make it\nconform in kind and quality generally to the discontinued highways,\nroads and streets.\n 3. The control and maintenance of the relocated or connecting highway,\nstreet or road, after its completion, shall vest in the local\nauthorities of the city, town or village, in which it or any part\nthereof is situated, and for such purpose it shall be deemed a highway,\nroad or street of the city, town or village, except that if the highway\nor road which was discontinued, or the part thereof discontinued, was a\nstate or county highway, or county road, the control and maintenance of\nthe relocated or connecting highway or road shall vest in the state or\ncounty authorities having charge of the discontinued highway or road,\nand for such purpose it shall be deemed a state or county highway, or\ncounty road, as the case may be.\n