N.Y. Highway Law § 205: Highways abandoned

§ 205. Highways abandoned. 1. Every highway that shall not have been

opened and worked within six years from the time it shall have been

dedicated to the use of the public, or laid out, shall cease to be a

highway; but the period during which any action or proceeding shall have

been, or shall be pending in regard to any such highway, shall form no

part of such six years; and every highway that shall not have been

traveled or used as a highway for six years, shall cease to be a

highway, and every public right of way that shall not have been used for

said period shall be deemed abandoned as a right-of-way. The town

superintendent with the written consent of a majority of the town board

shall file, and cause to be recorded in the town clerk's office of the

town a written description, signed by him, and by said town board of

each highway and public right-of-way so abandoned, and the same shall

thereupon be discontinued.

2. There may also be a qualified abandonment of a highway under the

following conditions and for the following purposes, to wit: Where it

appears to the town superintendent and said town board, at any time,

that a highway has not become wholly disused as aforesaid, but that it

has not for two years next previous thereto, been usually traveled along

the greater part thereof, by more than two vehicles daily, in addition

to pedestrians and persons on horseback, and it shall also appear to the

superintendent of highways of the county in which such town is situate

that a qualified abandonment of such highway is proper and will not

cause injustice or hardship to the owner or occupant of any lands

adjoining such highway after such superintendent shall have held a

public hearing thereon upon giving at least twenty days' written notice

to such owners and occupants of such lands of the time and place of such

hearing, they shall file and cause to be recorded in the town clerk's

office a certificate containing a description of that portion of the

highway partly disused as aforesaid and declaring a qualified

abandonment thereof. The effect of such qualified abandonment, with

respect to the portion of said highway described in the certificate,

shall be as follows: It shall no longer be worked at the public expense;

it shall not cease to be a highway for purposes of the public easement,

by reason of such suspension of work thereon; no persons shall impair

its use as a highway nor obstruct it, except as hereinafter provided,

but no persons shall be required to keep any part of it in repair;

wherever an owner or lessee of adjoining lands has the right to

possession of other lands wholly or partly on the directly opposite side

of the highway therefrom, he may construct and maintain across said

highway a fence at each end of the area of highway which adjoins both of

said opposite pieces of land, provided that each said cross fence must

have a gate in the middle thereof at least ten feet in length, which

gate must at all times be kept unlocked and supplied with a sufficient

hasp or latch for keeping the same closed; all persons owning or using

opposite lands, connected by such gates and fences, may use the portion

of highway thus enclosed for pasturage; any traveler or other person who

intentionally, or by wilful neglect, leaves such gate unlatched, shall

be guilty of a misdemeanor, and the fact of leaving it unlatched shall

be prima facie evidence of such intent or wilful neglect. Excepting as

herein abrogated, all other general laws relating to highways shall

apply to such partially abandoned highway. This section shall not apply

to highways less than two rods in width unless it shall appear to the

town superintendent at any time that such a highway has not, during the

months of June to September inclusive of the two years next previous

thereto, been usually traveled along the greater part thereof by more

than ten pedestrians daily.

Any action or proceeding involving the abandonment or qualified

abandonment of a highway made pursuant to this section must, in the case

of abandonment, be commenced within one year from the date of filing by

the town superintendent as provided in subdivision one of this section.