§ 205-B — Qualified abandonment of certain town highways

New York § 205-B

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

Text

§ 205-b. Qualified abandonment of certain town highways. 1.\nAbandonment of town highways which are access roads to state forest\npreserve lands or lands now owned or hereafter acquired by the state and\nheld under the jurisdiction of the department of environmental\nconservation shall be qualifiedly abandoned in the following manner and\nshall have the following effect:\n a. upon written notice to the department of environmental\nconservation, the town shall follow the procedure provided for in\nsubdivision two of section two hundred five of this chapter;\n b. the resolution of abandonment shall provide that even though the\nresponsibility of maintenance of the road by the town shall cease, there\nshall remain a public easement over such road in perpetuity;\n c. the department of environmental conservation shall have the right\nto maintain such road if it so desires;\n d. no one, including the owner of adjoining land, may fence any\nportion of such road, with or without gates;\n e. the town, at any time, shall have the right to resume jurisdiction\nover such road for any purpose;\n f. the title to such road shall remain with the town.\n 2. For the purposes of this section, access roads to state forest\npreserve lands or lands under the jurisdiction of the environmental\nconservation department shall mean roads which are the only practical\nmeans of ingress or egress to such state lands.\n 3. In no event shall the provisions of this section be construed so as\nto require the maintenance or abandonment of roads within the state\nforest preserve lands or lands now owned or hereafter acquired by the\nstate.\n