N.Y. Highway Law § 118-a: Abandoning of parts of county highways

§ 118-a. Abandoning of parts of county highways. Whenever, pursuant to

this act or under the provisions of any statute, any county road shall

have been widened, straightened, extended, drained, paved and/or

otherwise improved and in the process thereof a county shall have

acquired from an adjacent owner certain lands necessary for said

right-of-way by purchase, condemnation or as a gift and where under such

circumstances either the grantor of said new right-of-way shall own the

property on both sides thereof for the full length of the new taking or

the consent in writing of any and all other owners within such area be

given, and there shall be sections of the old road as it existed before

said improvement which are of no further use for highway purposes to

said county, the board of supervisors of said county in which said land

is situated, upon the recommendation of the county superintendent of

highways, may abandon to the abutting owner or owners such sections or

parts of the old road as it existed before said improvement which are of

no further use for highway purposes, providing the road after such

abandonment shall not be less than three rods in width, and the chairman

of the board of supervisors of said county is hereby authorized to

execute and acknowledge in the name of the county and affix the seal of

the county to a quit-claim deed or deeds of the land so abandoned and to

deliver the same to the abutting owner or owners for such consideration

and upon such terms and conditions as the board of supervisors of the

county shall deem proper.

Whenever, pursuant to this chapter or under the provisions of any

statute, the maintenance of any section of a highway by the state is

discontinued by official order or otherwise and the maintenance thereof

transferred to a county, and such section of such road is of no further

use for highway purposes to said county, the board of supervisors in

which said land is situated, upon the recommendation of the county

superintendent of highways, may adopt a resolution to abandon to the

abutting owner or owners of such section of such road which is of no

further use for highway purposes, and the chairman of the board of

supervisors of said county is hereby authorized to execute and

acknowledge in the name of the county, and affix the seal of the county

to a quit claim deed or deeds of the lands so abandoned, and to deliver

the same to the abutting owner or owners for such consideration and upon

such terms and conditions as the board of supervisors of said county

shall deem proper.

The adoption of the hereinbefore mentioned resolution by the board of

supervisors shall be an immediate abandonment and discontinuance of the

use for highway and street purposes of said sections or parts of the old

road described in said resolution without any further or other

proceeding.

Notwithstanding any other provisions of law, the superintendent of

highways, with the approval by resolution of the board of supervisors,

may establish parking areas on land which would ordinarily be abandoned

by the highway department, due to new right-of-ways, or widening,

straightening, extending, draining, paving or otherwise improving

highways. The superintendent may also place upon said parking areas

suitable picnic tables and facilities for the traveling public. The area

so developed by the superintendent of highways shall be used for parking

and resting purposes primarily and shall not be developed for or as a

public park.