§ 171 — Highways by dedication

New York § 171

• Jurisdiction: New York
• Law HAY: Highway
• Art. 8: Town Highways

Text

§ 171. Highways by dedication. 1. Whenever land is dedicated to a town\nfor highway purposes therein, the town superintendent may with the\nconsent of the town board, either with or without a written application\ntherefor, and without expense to the town, make an order laying out such\nhighway, upon filing and recording in the town clerk's office with such\norder a release of the land from the owner thereof. A highway so laid\nout must not be less than three rods in width, except that where such\nhighway is located on a sand beach separated by more than two miles of\nwater from the main body of the town of which it forms a part and is not\nan extension or continuation of a public highway already in use and has\nerected thereon a board walk not less than one-third the width of said\nhighway, such highway so laid out may be less than three rods in width\nand must not be less than ten feet in width, provided, however, that\nupon certification in writing by the commissioner of transportation of\nthe necessity therefor and the filing of such certification in the\noffice of the town clerk of the town in which such highway is located,\nany such highway may be of such width, less than three rods, as the\ncommissioner shall specify in such certificate. Section one hundred and\neighty does not apply to a highway by dedication.\n 2. Such town superintendent may also, upon written application and\nwith the written consent of the town board, make an order laying out or\naltering a highway, or discontinuing a highway, which has become useless\nsince it was laid out, upon filing and recording in the town clerk's\noffice, with such application, consent and order, a release from all\ndamages from the owners of lands taken or affected thereby, when the\nconsideration for such release is agreed upon between such town\nsuperintendent, with the approval of the town board, and the owner or\nowners. An order of the town superintendent, as herein provided, shall\nbe final and the town clerk shall forthwith cause each release executed\nby each owner of land taken or affected by such order to be recorded in\nthe office of the clerk of the county wherein such lands are located.\n 3. If a highway proposed to be constructed or improved shall deviate\nfrom the line of a highway already existing, the town board of the town\nwhere such highway is located may acquire land for the requisite right\nof way. The town board may, by resolution, authorize the supervisor to\npurchase the lands to be acquired for the purposes herein specified, at\nan amount not to exceed that approved by the town board.\n 4. The purchase price of such property shall be a town charge and may,\nby resolution of the town board, be paid from any funds in such town\nthat may be legally used for such purposes.\n