N.Y. Highway Law § 340-d: Construction, improvement and maintenance of state expressways

§ 340-d. Construction, improvement and maintenance of state

expressways. 1. The expressways set forth and described in section three

hundred forty-c of the highway law shall be constructed or improved

according to such designs and types as determined by the commissioner of

transportation, subject to the provisions of federal aid therefor. Each

state expressway shall ultimately provide for not less than two lanes of

traffic in each direction. Opposing traffic on every completed state

expressway shall ultimately be separated by a mall generally or the

commissioner of transportation may separate such opposing traffic by

such other alignment of respective lanes of traffic which, in his

judgment, is practicable, because of topographic conditions and is

beneficial to the public interest. Access from one traffic direction to

the other shall be provided only at such points and in such manner as

the commissioner of transportation shall determine. Any state highway,

or portion thereof may be utilized and become a part of any state

expressway when authorized by the commissioner of transportation.

Access or branch connections from any such state expressway or section

thereof to any highway, road or street shall, in the discretion of the

commissioner of transportation, be included in the plans, specifications

and estimates and shall be constructed according to such design and type

as the commissioner of transportation shall deem to be suitable for the

purpose thereof. For any portion or section of a state expressway

authorized within the corporate limits of a city, provision shall be

made for access thereto from existing streets at points designated by

the commissioner of transportation. The commissioner of transportation

may set monuments on the boundaries of such state expressway, and he may

cause fences to be erected along or adjacent to such boundaries, and he

is authorized to install suitable lighting, directional and protective

facilities, devices and appurtenances, if he deems it necessary in the

interest of public safety. The maintenance and repair of state

expressways shall include the control of snow and ice and shall be done

by forces of the department of transportation or by such other method or

methods as determined by the commissioner, under his direct supervision

and control and any inconsistent provisions of this chapter are

superseded insofar as they conflict with this provision. The cost of

such maintenance and repair shall be borne wholly by the state and be

paid for from moneys appropriated therefor by the legislature.

2. The commissioner of transportation is authorized to classify any

part of a state expressway as a controlled access highway pursuant to

this chapter. Highway crossings at grade and railroad grade crossings

shall be eliminated generally by structures to be determined by the

commissioner of transportation, who is hereby given authority to

combine, connect, alter, reconstruct, terminate or relocate intersecting

highways, streets, or roads to adjust traffic to such grade separation

structures, or any portion of a state expressway or connection. In the

discretion of the commissioner of transportation, a structure may be

constructed to eliminate an existing crossing at grade of a railroad and

a highway which intersects or closely parallels a state expressway. The

entire cost of structures constructed pursuant to this paragraph as so

determined by the commissioner of transportation shall be included in

the cost of the state expressway. Structures constructed pursuant to

this paragraph shall be maintained and repaired by the state. Highways

combined, connected, altered, reconstructed, relocated or carried over

or under a state expressway section or connection, under the provisions

of this paragraph, shall, upon completion of the work, revert to and

become the responsibility with regard to maintenance and repair, of the

state, municipality, authority, commission or other public agency, as

the case may be, having jurisdiction thereover immediately prior to the

commencement of such work.

3. Notwithstanding any inconsistent provisions of this chapter or any

other law, general or special, any and all property which the

commissioner of transportation deems necessary for the construction,

reconstruction and maintenance of state expressways and bridges thereon

shall be acquired and disposed of pursuant to the provisions of any

section or sections of this chapter applicable to the acquisition of

land or rights and interests therein, and for the settlement of claims

for damage resulting from the work of constructing, reconstructing and

maintaining such state expressways. The commissioner of transportation,

for the people of the state of New York, shall acquire pursuant to the

aforesaid procedures any property or interest therein, necessary for any

and all purposes connected with the construction, reconstruction and

maintenance of the state expressways, including the appropriation of

property for drains, ditches, spoil banks, gravel pits, stone quarries,

storehouses and repair shops; also for the removal of obstructions,

improvement of sight distance; also for appropriation of property for

the reconstruction of existing highway-railroad separation structures

upon incorporation into a state expressway of an existing highway or

portion thereof of which they form a part, and for the separation of

state expressway-railroad grades on newly laid-out state expressways;

and for other purposes to improve safety conditions on the state

expressways. The term "property" as used in this section is defined to

include lands, waters, rights in lands or waters, structures, franchises

and interests in land, including lands under water and riparian rights,

and any and all other things and rights usually included within the said

term and includes also any and all interests in such property less than

full title, such as easements permanent or temporary, rights-of-way,

uses, leases, licenses and all other incorporeal hereditaments and every

estate, interest or right legal or equitable.

4. If moneys of the federal government are or may reasonably be

expected to be available therefor, under federal aid highway acts, the

commissioner of transportation is authorized to use such moneys or so

much thereof as he may determine to accept, together with other

available moneys, for (a) the construction and reconstruction of state

expressways designated and described in section three hundred forty-c of

this chapter, and (b) the construction, reconstruction, alteration or

repair, pursuant to the provisions of section two hundred thirty of this

chapter, of bridges and culverts on the state expressways. No city shall

be required to participate in the costs of a state expressway project,

except for those costs which are incurred under any special cooperative

agreement between a city and the state.

5. All the provisions of this chapter relating to state highways and

state arterial highways shall apply to the construction or improvement

and the control or maintenance of state expressways in the same manner

as though they were designated as state highways or arterial highways.

6. Notwithstanding any inconsistent provisions of this chapter or any

other law, general or special, the commissioner of transportation and

the appropriate authorities of any county, town or village shall, prior

to the construction of any section of an expressway constructed or

improved pursuant to this section, enter into an agreement respecting

the abandonment to such county, town or village of any portion of an

existing state highway located therein and no longer needed by or useful

to the state upon the completion and acceptance of any section of such

expressway.