N.Y. Highway Law § 104: Closing highways

§ 104. Closing highways. If it shall appear necessary to close any

state highway in an emergency or in order to permit a proper completion

of any work of improvement thereon, the commissioner of transportation

or the county superintendent upon the request of the commissioner of

transportation, shall execute a certificate and file the same in the

office of the town clerk of the town in which such highway is situated.

If it shall appear necessary to a county superintendent to close a

county road or a town superintendent to close a town highway, said

superintendent shall execute a similar certificate and file the same in

the office of the town clerk in which such highway is situated. In

either case, such certificate shall state the necessity for the closing

of such highway and describe the portion thereof to be closed. At the

time of filing such certificate the commissioner of transportation or

the county superintendent, as the case may be, shall notify the

contractor who is constructing, improving or repairing said state

highway that the same is closed to public travel until otherwise

notified and shall cause to be posted conspicuous notices to the effect

that the highway is closed.

It shall thereupon be the duty of said contractor to erect suitable

obstruction for closing said state highway, including the necessary

lights which shall be visible to any one approaching such obstruction

from one hour after sunset to one hour before sunrise and said

contractor shall notwithstanding any general or special law be liable

for all damages to persons or property sustained by reason of not so

erecting and so lighting such suitable obstruction. If the work of

improvement, construction or repairs upon a state highway is being

performed by state forces, or otherwise than by contract, the

representative of the department of transportation in charge of such

work, shall at the time of the filing of such certificate, post

conspicuous notices to the effect that the highway is closed, and shall

erect and maintain a lighted obstruction in the same manner as

hereinbefore described. At the time of filing such a certificate

relating to a county road by the county superintendent, he shall notify

the town superintendent to close said county road. Upon such

notification or upon filing such certificate for closing of a town

highway, the town superintendent shall thereupon close the same to

public travel by posting conspicuous notices to the effect that the

highway is closed and by erecting and maintaining a lighted obstruction

in the manner hereinbefore described. In case of the closing of any

highway under the provisions of this section, the town superintendent

shall, if practicable, provide a new location for, and construct a

temporary highway to be used by the traveling public in lieu of the

closed highway and may erect temporary bridges when necessary or cause

other existing highways to be used. For the purpose of locating,

constructing and erecting such temporary highway or bridge the town

superintendent may enter upon the lands adjoining or near to the closed

highway and may, with the approval of the town board, agree with the

owners of such land as to the damages if any caused thereby.

If the town superintendent is unable to agree with such owner upon the

amount of damages thus sustained the amount thereof shall be

ascertained, determined and paid as provided in section one hundred

forty-eight. When such highway shall have been closed to the public as

provided herein, any person who disregards the obstruction and notice,

and drives, rides or walks over the portion of the highway so closed

shall be guilty of a misdemeanor.