N.Y. Canal Law § 62: Maintenance by state of certain bridges over the canal system

§ 62. Maintenance by state of certain bridges over the canal system.

All highway or pedestrian, lift or movable bridges over the canal system

other than highway bridges connecting parts of a state highway

heretofore constructed as a part of the barge canal improvement shall be

reconstructed, improved, maintained and repaired at the expense of the

state, if in the opinion of the commissioner of transportation, the

public convenience requires such bridges to be maintained where no

alternate crossing has been provided. In the event the commissioner of

transportation determines that any such bridge is no longer required for

the convenience of the public, he shall have power to close, remove or

relocate such bridge. The commissioner of transportation shall have the

supervision and direction of such reconstruction, improvement,

maintenance, repair, closing, removing or relocation. All bridges over

the canal system other than lift, movable, pedestrian or state highway

bridges heretofore constructed as part of the barge canal improvement

shall be reconstructed, improved, maintained and repaired at the expense

of the state under the supervision and direction of the commissioner of

transportation, if, in his opinion, the public convenience requires that

each such bridge shall be continued as a bridge for highway traffic. In

the event the commissioner of transportation is requested by any

municipality to reconstruct or improve any such bridge, he is hereby

empowered to do so, provided, however, that prior to such reconstruction

or improvement the municipality enters into a written agreement that

such bridge thereafter shall become a part of the highway system or

systems which it may connect and the maintenance, repair, improvement,

replacement or closing of any such bridge shall be governed by the

provisions of the highway law, except that any such bridges situate in a

city shall be maintained, repaired, improved, replaced or closed in the

same manner and subject to the provisions of any special law which may

apply or to the same provisions of law as apply to other streets and

bridges in such city or in the case of such bridges situate in a

village, such bridges shall be maintained, repaired, improved, replaced

or closed in the same manner and subject to the same provisions of law

as apply to other streets and bridges in such village. Any bridge over

the New York state canal system or abandoned part thereof which joins

parts of a state highway shall be under the jurisdiction of the

commissioner of transportation and deemed to be part of the state

highway system and such bridges shall be constructed, reconstructed,

improved, maintained, repaired, closed or relocated pursuant to the

provisions of the highway law and the cost of such work shall be paid

from moneys available for construction, reconstruction, improvement,

maintenance or repair of state highways.