New York Laws
Article 8 - Town Highways
187 - Laying Out, Dividing and Maintaining Highway Upon Town Line, or Wholly in One Town but Adjacent to Another Town.

§ 187. Laying out, dividing and maintaining highway upon town line, or
wholly in one town but adjacent to another town. An application to lay
out a highway upon the line between two or more towns, or wholly in one
town but adjacent to another town, shall be made to the town
superintendents of each town, who shall act together in the matter; and,
upon laying out any such highway, the expense of opening, working and
keeping the same in repair shall be borne equally by such towns. The
town superintendents shall cause a map and survey of the highway to be
recorded in the office of the town clerk in each of the respective
towns. If such highway be upon a line between one or more towns and a
city or incorporated village, or wholly in one town, village or city but
adjacent to another town, village or city, such application shall also
be made to the officers of such city or village having the powers of the
town superintendents and such officers may agree with the town
superintendents of such towns as to division of such expense. Whenever
such officers shall disagree, the question shall be submitted to the
county superintendent or superintendents representing the county or
counties in which such highway is located and their decision shall be
final when approved by the department of transportation. All highways
heretofore laid out upon the line between any two towns or between a
town and a city or an incorporated village, or wholly in one town,
village or city but adjacent to another town, village or city, shall be
divided and allotted or redivided and reallotted, recorded and kept in
repair in the manner above directed; and all bridges upon such highways
shall be built and maintained jointly by the towns whether wholly
located within one of them or otherwise. Such highway or part of such
highway may be improved by paving, repaving, macadamizing or
remacadamizing upon agreement between the town board of such towns, the
village trustees of such village, or the common council, council or
other governing body of such city, and the cost of such improvement be
paid by each city, town or village involved, in the proportion recited
in such agreement. The officers of such city, town or village may
proceed with the ordering, construction and pavement of such improvement
in the manner prescribed by law where a highway is situated wholly
within such city, town or village except as is otherwise provided in
this section. Where action by the officers of such city, town or village
is required by law to be upon a petition of the owners of lands lying in
and along the highway to be so improved, such petition will be
sufficient if made only by the specified number of such land owners in
and along the side of the highway within such city, town or village,
without requiring the signatures of the owners of the land in and along
the side of such highway not within such city, town or village. Plans
and specifications for such improvement shall be approved by the
officers of each such city, town or village involved and may provide for
the maintenance of such improvement for a period not exceeding ten years
after its completion. The contract for the construction of such
improvement will be let subject to the approval of the officers of each
such city, town or village to the lowest responsible bidder upon bids
received after notice of advertisement as may be required by law in one
or the other of such city, town or village, and bids may be received by
the officer and at the place in one of such cities, towns or villages
agreed upon by the officers of each such city, town or village involved.
The construction of such improvement may be under the supervision of the
officers of each of such cities, towns or villages, or under the
supervision of such person or officer as may be agreed upon by the
officers of such city, town or village. Where the cost of such
improvement is required to be met by local assessment upon the lands
benefited, each such city, town or village shall cause the portion of

the cost of such improvement to be borne by each such city, town or
village, to be levied and assessed upon the lands within such city, town
or village along the highway or part of the highway so improved in the
same manner and with the like effect as is required by law for the
assessment of the cost in part or whole of similar improvements upon a
highway wholly within such city, town or village. After the completion
of any such improvement such improvement shall be maintained equally by
the city, town or village in which or along which such highway is laid
out in the manner provided by the agreement referred to in this section
to be entered into between the officers of such city, town or village.
Each such city, town or village may construct and maintain, or provide
for the construction and maintenance, in such highway of sidewalks,
sewers, water lines, gas lines and other public service facilities to
accommodate the lands adjacent to such highway and situated within such
city, town or village in the manner provided for the construction and
maintenance of sidewalks, sewers, water lines, gas lines and other
public service facilities within a highway wholly within such city, town
or village.

Where such highway is partly within a city, and where it has been
designated by law as a state highway, the state, through the department
having supervision over state highways, may enter into an agreement with
such city allotting to the city the part of such highway to be paved,
macadamized, or otherwise improved by the city, and the part of such
highway to be paved, macadamized or otherwise improved by the state, in
which case the city will improve the part of the highway so allotted to
it in the manner in which it improves a highway situate wholly within
the city, and the state will improve the portion of such highway
allotted to it as a part of the state highway. Where the cost of such
improvement is required by law within said city to be defrayed in part
or in whole by local assessment, all of the lands within said city along
the lines of the highway so divided, and extending one hundred feet at
right angles therefrom, will be deemed to be benefited by the
construction of such improvement by such city and will be subject to be
assessed to defray the expense thereof the same as if such lands abutted
upon the part of the highway so improved by such city. Where any such
highway is partly within a city, and is on the county road system of
town highways proposed to be constructed pursuant to the provisions of
article six of this chapter, the board of supervisors of the county,
with the approval of the commissioner of transportation, may enter into
an agreement with such city allotting to the city the part of such
highway to be paved, macadamized, or otherwise improved by the city, and
allotting to the county the part of such highway to be constructed,
paved, macadamized, or otherwise improved by the county pursuant to such
article, in which case the part allotted to the city shall be improved
and maintained by the city in the same manner in which it improves and
maintains a street situate wholly within the city, and the county shall
improve and maintain the portion of such highway allotted to it as a
part of the county road system of the county. The county superintendent
of highways of the county, upon the execution of such agreement, shall
prepare a map showing the part of such highway within the city and town
allotted to the county as a part of the county road system. This map
must be approved by the board of supervisors of the county and by the
commissioner of transportation before it becomes effective, and when so
approved shall be filed in the office of the department of
transportation, county clerk and county superintendent. When the cost
of such improvement within the city is required by law to be defrayed in
part or in whole by local assessment, all of the lands within such city
along the line of the highway so divided, and extending one hundred feet

at right angles therefrom, will be deemed to be benefited by the
construction of such improvement by the city and will be subject to be
assessed to defray the expense thereof within the city the same as if
such lands abutted upon the part of the highway so improved by the city.