New York Laws
Article 6 - County Roads
118-A - Abandoning of Parts of County Highways.

§ 118-a. Abandoning of parts of county highways. Whenever, pursuant to
this act or under the provisions of any statute, any county road shall
have been widened, straightened, extended, drained, paved and/or
otherwise improved and in the process thereof a county 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 county, the board of supervisors of said county in which said land
is situated, upon the recommendation of the county superintendent of
highways, may 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 not be less than three rods in width, and the chairman
of the board of supervisors of said county is hereby authorized to
execute and acknowledge in the name of the county and affix the seal of
the county 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 board of supervisors of the
county shall deem proper.

Whenever, pursuant to this chapter or under the provisions of any
statute, the maintenance of any section of a highway by the state is
discontinued by official order or otherwise and the maintenance thereof
transferred to a county, and such section of such road is of no further
use for highway purposes to said county, the board of supervisors in
which said land is situated, upon the recommendation of the county
superintendent of highways, may adopt a resolution to abandon to the
abutting owner or owners of such section of such road which is of no
further use for highway purposes, and the chairman of the board of
supervisors of said county is hereby authorized to execute and
acknowledge in the name of the county, and affix the seal of the county
to a quit claim deed or deeds of the lands so abandoned, and to deliver
the same to the abutting owner or owners for such consideration and upon
such terms and conditions as the board of supervisors of said county
shall deem proper.

The adoption of the hereinbefore mentioned resolution by the board of
supervisors 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
proceeding.

Notwithstanding any other provisions of law, the superintendent of
highways, with the approval by resolution of the board of supervisors,
may establish parking areas on land which would ordinarily be abandoned
by the highway department, due to new right-of-ways, or widening,
straightening, extending, draining, paving or otherwise improving
highways. The superintendent may also place upon said parking areas
suitable picnic tables and facilities for the traveling public. The area
so developed by the superintendent of highways shall be used for parking
and resting purposes primarily and shall not be developed for or as a
public park.

Structure New York Laws