N.Y. Highway Law § 63: Discontinuance of part of highway due to grade crossing elimination

§ 63. Discontinuance of part of highway due to grade crossing

elimination. Whenever the commissioner of transportation shall determine

that a state highway is affected by a side line or a new location by

reason of the elimination of a highway-railroad crossing at grade

pursuant to an order of the department of transportation, or by reason

of the improvement or reconstruction of an existing railroad grade

crossing, and as a result thereof a section of the said highway no

longer serves a useful purpose as a part of the state highway system, he

shall upon the completion and acceptance of the elimination work, make

an official order that the said section of the highway including any and

all bridges and culverts located thereon or immediately adjacent

thereto, shall no longer be maintained by the state. If such section of

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

section or part thereof including any bridge and culvert thereon, shall

be maintained thereafter by the village in which such section or part

thereof is located, excepting however that any bridge and culvert

thereon, which were maintained by the town in which such village is

located, before the improvement of the section by the state, shall be

maintained by such town. If such section of highway was at the time of

its improvement by the state on a county road, such section or as much

thereof outside of the limits of an incorporated village, together with

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

county or counties where it is located. The transfer of maintenance of a

section of highway and of any bridge and culvert thereon to any county,

town or village 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.