§ 118-A — Abandoning of parts of county highways

§ 118-a. Abandoning of parts of county highways. Whenever, pursuant to\nthis act or under the provisions of any statute, any county road shall\nhave been widened, straightened, extended, drained, paved and/or\notherwise improved and in the process thereof a county shall have\nacquired from an adjacent owner certain lands necessary for said\nright-of-way by purchase, condemnation or as a gift and where under such\ncircumstances either the grantor of said new right-of-way shall own the\nproperty on both sides thereof for the full length of the new taking or\nthe consent in writing of any and all other owners within such area be\ngiven, and there shall be sections of the old road as it existed before\nsaid improvement which are of no further use for highway purposes to\nsaid county, the board of supervisors of said county in which said land\nis situated, upon the recommendation of the county superintendent of\nhighways, may abandon to the abutting owner or owners such sections or\nparts of the old road as it existed before said improvement which are of\nno further use for highway purposes, providing the road after such\nabandonment shall not be less than three rods in width, and the chairman\nof the board of supervisors of said county is hereby authorized to\nexecute and acknowledge in the name of the county and affix the seal of\nthe county to a quit-claim deed or deeds of the land so abandoned and to\ndeliver the same to the abutting owner or owners for such consideration\nand upon such terms and conditions as the board of supervisors of the\ncounty shall deem proper.\n Whenever, pursuant to this chapter or under the provisions of any\nstatute, the maintenance of any section of a highway by the state is\ndiscontinued by official order or otherwise and the maintenance thereof\ntransferred to a county, and such section of such road is of no further\nuse for highway purposes to said county, the board of supervisors in\nwhich said land is situated, upon the recommendation of the county\nsuperintendent of highways, may adopt a resolution to abandon to the\nabutting owner or owners of such section of such road which is of no\nfurther use for highway purposes, and the chairman of the board of\nsupervisors of said county is hereby authorized to execute and\nacknowledge in the name of the county, and affix the seal of the county\nto a quit claim deed or deeds of the lands so abandoned, and to deliver\nthe same to the abutting owner or owners for such consideration and upon\nsuch terms and conditions as the board of supervisors of said county\nshall deem proper.\n The adoption of the hereinbefore mentioned resolution by the board of\nsupervisors shall be an immediate abandonment and discontinuance of the\nuse for highway and street purposes of said sections or parts of the old\nroad described in said resolution without any further or other\nproceeding.\n Notwithstanding any other provisions of law, the superintendent of\nhighways, with the approval by resolution of the board of supervisors,\nmay establish parking areas on land which would ordinarily be abandoned\nby the highway department, due to new right-of-ways, or widening,\nstraightening, extending, draining, paving or otherwise improving\nhighways. The superintendent may also place upon said parking areas\nsuitable picnic tables and facilities for the traveling public. The area\nso developed by the superintendent of highways shall be used for parking\nand resting purposes primarily and shall not be developed for or as a\npublic park.\n