N.Y. Environmental Conservation Law § 15-2113: Discontinuance or relocation, or both, of highways, roads and streets

§ 15-2113. Discontinuance or relocation, or both, of highways, roads and

streets.

1. If the board shall deem it necessary to discontinue a public

highway, road or street, or a part thereof, because of its interference

with the proper location of a reservoir for which preliminary plans

shall have been adopted as provided in title 21 of this article, it may

discontinue it; and if the board shall determine that the public

interest so requires, it may relocate such highway, road or street, or

the part discontinued, along a course wholly or partly within or without

the high flow line of such reservoir, and acquire, with funds of the

board applicable to the expense of such reservoir, in the manner

provided in title 21 of this article for the acquisition of real estate,

the necessary rights of way or easements for such relocated part, or in

lieu of such a relocation may establish new highways to connect with

then existing highways, roads or streets, to afford a substantial

equivalent, for purposes of highway traffic, of such a relocation. The

determination of the board to relocate or establish any such highway,

road or street, shall be by resolution, setting forth a description of

the course of such highway, road or street, a certified copy of which

shall be filed in the office of the clerk of each town and village

containing any part of the relocated or new highway, road or street. If

the highway, or part thereof, so established or relocated shall be a

state or county highway, the resolution shall not be effective until

approved by the state Commissioner of Transportation and his written

approval appended thereto. From the time of the filing of such copy or

copies of the resolution, the relocated or connecting highway shall be

deemed duly laid out.

2. After having acquired the necessary rights of way or easements

therefor, the board, with its funds, shall construct such relocated or

connecting highway, road or street, or part thereof. If the highway, or

part thereof, which is discontinued, be a state or county highway, or

part thereof, the construction of the relocated or connecting highway

shall be in accordance with plans approved by the state Commissioner of

Transportation. If the highway, or part thereof, which is discontinued,

be a county road, or part thereof, the construction of the relocated or

connecting highway shall be in accordance with plans approved by the

county superintendent of highways. In the case of any other highway ,

road or street, the board shall construct the same so as to make it

conform in kind and quality generally to the discontinued highways,

roads and streets.

3. The control and maintenance of the relocated or connecting highway,

street or road, after its completion, shall vest in the local

authorities of the city, town or village, in which it or any part

thereof is situated, and for such purpose it shall be deemed a highway,

road or street of the city, town or village, except that if the highway

or road which was discontinued, or the part thereof discontinued, was a

state or county highway, or county road, the control and maintenance of

the relocated or connecting highway or road shall vest in the state or

county authorities having charge of the discontinued highway or road,

and for such purpose it shall be deemed a state or county highway, or

county road, as the case may be.