N.Y. Highway Law § 212-a: Abandoning of parts of town highways

§ 212-a. Abandoning of parts of town highways. Whenever, pursuant to

this chapter or under the provisions of any statute, any town road shall

have been widened, straightened, extended, drained, paved or otherwise

improved and in the process thereof a town 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

town, the town board of said town in which said land is situated, upon

the recommendation of the town superintendent of highways, may adopt a

resolution, with the consent of the county superintendent of highways,

to 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 be not less than three rods in width, and the supervisor of said

town is hereby authorized to execute and acknowledge in the name of the

town and affix the seal of the town 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

town board of the said town shall deem proper.

The adoption of the hereinbefore mentioned resolution by the town

board 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

proceedings.