§ 205 — Highways abandoned

New York § 205

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

Text

§ 205. Highways abandoned. 1. Every highway that shall not have been\nopened and worked within six years from the time it shall have been\ndedicated to the use of the public, or laid out, shall cease to be a\nhighway; but the period during which any action or proceeding shall have\nbeen, or shall be pending in regard to any such highway, shall form no\npart of such six years; and every highway that shall not have been\ntraveled or used as a highway for six years, shall cease to be a\nhighway, and every public right of way that shall not have been used for\nsaid period shall be deemed abandoned as a right-of-way. The town\nsuperintendent with the written consent of a majority of the town board\nshall file, and cause to be recorded in the town clerk's office of the\ntown a written description, signed by him, and by said town board of\neach highway and public right-of-way so abandoned, and the same shall\nthereupon be discontinued.\n 2. There may also be a qualified abandonment of a highway under the\nfollowing conditions and for the following purposes, to wit: Where it\nappears to the town superintendent and said town board, at any time,\nthat a highway has not become wholly disused as aforesaid, but that it\nhas not for two years next previous thereto, been usually traveled along\nthe greater part thereof, by more than two vehicles daily, in addition\nto pedestrians and persons on horseback, and it shall also appear to the\nsuperintendent of highways of the county in which such town is situate\nthat a qualified abandonment of such highway is proper and will not\ncause injustice or hardship to the owner or occupant of any lands\nadjoining such highway after such superintendent shall have held a\npublic hearing thereon upon giving at least twenty days' written notice\nto such owners and occupants of such lands of the time and place of such\nhearing, they shall file and cause to be recorded in the town clerk's\noffice a certificate containing a description of that portion of the\nhighway partly disused as aforesaid and declaring a qualified\nabandonment thereof. The effect of such qualified abandonment, with\nrespect to the portion of said highway described in the certificate,\nshall be as follows: It shall no longer be worked at the public expense;\nit shall not cease to be a highway for purposes of the public easement,\nby reason of such suspension of work thereon; no persons shall impair\nits use as a highway nor obstruct it, except as hereinafter provided,\nbut no persons shall be required to keep any part of it in repair;\nwherever an owner or lessee of adjoining lands has the right to\npossession of other lands wholly or partly on the directly opposite side\nof the highway therefrom, he may construct and maintain across said\nhighway a fence at each end of the area of highway which adjoins both of\nsaid opposite pieces of land, provided that each said cross fence must\nhave a gate in the middle thereof at least ten feet in length, which\ngate must at all times be kept unlocked and supplied with a sufficient\nhasp or latch for keeping the same closed; all persons owning or using\nopposite lands, connected by such gates and fences, may use the portion\nof highway thus enclosed for pasturage; any traveler or other person who\nintentionally, or by wilful neglect, leaves such gate unlatched, shall\nbe guilty of a misdemeanor, and the fact of leaving it unlatched shall\nbe prima facie evidence of such intent or wilful neglect. Excepting as\nherein abrogated, all other general laws relating to highways shall\napply to such partially abandoned highway. This section shall not apply\nto highways less than two rods in width unless it shall appear to the\ntown superintendent at any time that such a highway has not, during the\nmonths of June to September inclusive of the two years next previous\nthereto, been usually traveled along the greater part thereof by more\nthan ten pedestrians daily.\n Any action or proceeding involving the abandonment or qualified\nabandonment of a highway made pursuant to this section must, in the case\nof abandonment, be commenced within one year from the date of filing by\nthe town superintendent as provided in subdivision one of this section.\n