N.Y. Highway Law § 62: Improvement of alignment and of dangerous conditions on repair work

§ 62. Improvement of alignment and of dangerous conditions on repair

work. Whenever in the maintenance, repair or reconstruction of state

highways under the provisions of this chapter, the commissioner of

transportation shall have determined upon the necessity of a change in

location for the improvement of alignment or of dangerous conditions on

a section of such highway, and provided all necessary right of way shall

have been acquired in accordance with this chapter, the department of

transportation may proceed with such improvement. The cost of such

improvement shall be paid from the funds which are provided for the

repair or reconstruction of state highways.

Except as hereinafter provided, upon the completion and acceptance of

a section of highway constructed on a new location acquired to

accomplish the improvement of alignment or of dangerous conditions as

above prescribed, the commissioner of transportation shall make an

official order discontinuing the maintenance by the state of such

section of highway on old location, including such part of any other

state highway which crosses the new location and terminates at the old

location as lies between the new and the old location of the state

highway so improved, and also including any and all bridges or culverts

located thereon or immediately adjacent thereto, as it had been

maintained by the state as a part of the state highway system before the

improvement of alignment or of dangerous conditions. If such section of

highway or part thereof is located in an incorporated village, such

section, or part thereof on old location, including such part of any

other state highway which crosses the new location and terminates at the

old location as lies between the new and the old location of the state

highway so improved, and also including bridges and culverts thereon,

shall be maintained thereafter by the village where such section is

located, excepting however that any bridge and culvert thereon, which

were maintained by the town at the time of the improvement of the

section by the state, shall be maintained by such town within which such

village is located. Any bridge and culvert thereon which were maintained

by the county in which such village is located, before the improvement

of the section by the state, shall be maintained by such county.

If such section of highway was at the time of its improvement by the

state on a town highway, such section on the old location or so much

thereof outside of the limits of an incorporated village, including such

part of any other state highway which crosses the new location and

terminates at the old location as lies between the new and the old

location of the state highway so improved, and also together with any

bridge and culvert thereon, shall be maintained thereafter by the town

or towns where it is located.

If such section of highway was at the time of its improvement by the

state on a county road, such section on the old location or as much

thereof outside of the limits of an incorporated village, including such

part of any other state highway which crosses the new location and

terminates at the old location as lies between the new and the old

location of the state highway so improved, and also together with any

bridge and culvert thereon, shall be maintained thereafter by the county

or counties where it is located.

If such section of highway is not located in an incorporated village

and at the time of its improvement by the state was not on a town

highway or on a county road, such section on the old location, including

such part of any other state highway which crosses the new location and

terminates at the old location as lies between the new and the old

location of the state highway so improved, and also together with any

bridge and culvert thereon, shall be maintained thereafter by the county

or counties where it is located or the commissioner of transportation

may, with the approval of the director of the budget, continue to

maintain said section of highway as part of the state highway system.

When the section of highway upon which maintenance by the state is

discontinued includes a gap left in the original improvement to provide

for the elimination or alteration of a railroad crossing, such gap for

the purposes of this chapter shall be deemed to be an improved highway

the same as the balance of such section.

The transfer of maintenance of a section of highway and of any bridge

and culvert thereon, to any county or counties, town or towns, or

village or villages as herein provided, shall become effective upon the

mailing of a certified copy of such official order to the clerk or

clerks of the board or boards of supervisors of the county or counties,

to the town clerk or clerks or to the clerk or clerks of the village or

villages, as the case may be.