§ 62 — Improvement of alignment and of dangerous conditions on repair work

New York § 62

• Jurisdiction: New York
• Law HAY: Highway
• Art. 3: State Highways

Text

§ 62. Improvement of alignment and of dangerous conditions on repair\nwork. Whenever in the maintenance, repair or reconstruction of state\nhighways under the provisions of this chapter, the commissioner of\ntransportation shall have determined upon the necessity of a change in\nlocation for the improvement of alignment or of dangerous conditions on\na section of such highway, and provided all necessary right of way shall\nhave been acquired in accordance with this chapter, the department of\ntransportation may proceed with such improvement. The cost of such\nimprovement shall be paid from the funds which are provided for the\nrepair or reconstruction of state highways.\n Except as hereinafter provided, upon the completion and acceptance of\na section of highway constructed on a new location acquired to\naccomplish the improvement of alignment or of dangerous conditions as\nabove prescribed, the commissioner of transportation shall make an\nofficial order discontinuing the maintenance by the state of such\nsection of highway on old location, including such part of any other\nstate highway which crosses the new location and terminates at the old\nlocation as lies between the new and the old location of the state\nhighway so improved, and also including any and all bridges or culverts\nlocated thereon or immediately adjacent thereto, as it had been\nmaintained by the state as a part of the state highway system before the\nimprovement of alignment or of dangerous conditions. If such section of\nhighway or part thereof is located in an incorporated village, such\nsection, or part thereof on old location, including such part of any\nother state highway which crosses the new location and terminates at the\nold location as lies between the new and the old location of the state\nhighway so improved, and also including bridges and culverts thereon,\nshall be maintained thereafter by the village where such section is\nlocated, excepting however that any bridge and culvert thereon, which\nwere maintained by the town at the time of the improvement of the\nsection by the state, shall be maintained by such town within which such\nvillage is located. Any bridge and culvert thereon which were maintained\nby the county in which such village is located, before the improvement\nof the section by the state, shall be maintained by such county.\n If such section of highway was at the time of its improvement by the\nstate on a town highway, such section on the old location or so much\nthereof outside of the limits of an incorporated village, including such\npart of any other state highway which crosses the new location and\nterminates at the old location as lies between the new and the old\nlocation of the state highway so improved, and also together with any\nbridge and culvert thereon, shall be maintained thereafter by the town\nor towns where it is located.\n If such section of highway was at the time of its improvement by the\nstate on a county road, such section on the old location or as much\nthereof outside of the limits of an incorporated village, including such\npart of any other state highway which crosses the new location and\nterminates at the old location as lies between the new and the old\nlocation of the state highway so improved, and also together with any\nbridge and culvert thereon, shall be maintained thereafter by the county\nor counties where it is located.\n If such section of highway is not located in an incorporated village\nand at the time of its improvement by the state was not on a town\nhighway or on a county road, such section on the old location, including\nsuch part of any other state highway which crosses the new location and\nterminates at the old location as lies between the new and the old\nlocation of the state highway so improved, and also together with any\nbridge and culvert thereon, shall be maintained thereafter by the county\nor counties where it is located or the commissioner of transportation\nmay, with the approval of the director of the budget, continue to\nmaintain said section of highway as part of the state highway system.\n When the section of highway upon which maintenance by the state is\ndiscontinued includes a gap left in the original improvement to provide\nfor the elimination or alteration of a railroad crossing, such gap for\nthe purposes of this chapter shall be deemed to be an improved highway\nthe same as the balance of such section.\n The transfer of maintenance of a section of highway and of any bridge\nand culvert thereon, to any county or counties, town or towns, or\nvillage or villages as herein provided, shall become effective upon the\nmailing of a certified copy of such official order to the clerk or\nclerks of the board or boards of supervisors of the county or counties,\nto the town clerk or clerks or to the clerk or clerks of the village or\nvillages, as the case may be.\n