New York Laws
Article 9 - Bridges
234 - Public Authority, Public Benefit Corporation, Commission, County, Town, City or Village Bridges.

(b) The county superintendent, with the approval of the chairman of
the board of supervisors and the county judge, may agree with such owner
or owners upon the amount of consideration for such releases in a gross
sum not to exceed five thousand dollars. An order of the county
superintendent as herein provided shall be final. The amount agreed upon
to be paid to such owners for such releases and the cost of the removal
of such useless bridge and/or the cost for the erection of obstructions
or barricades shall be a county charge and may by resolution of the
board of supervisors be paid from any funds of the county that may be
legally used for such purpose or may be raised, in whole or in part,
pursuant to the local finance law. Whenever the money to be paid for
such releases is available the county treasurer shall pay to the said

owners executing said releases the amounts agreed upon to be paid to
them for said releases upon the requisition of the county
superintendent.
(c) It shall be the duty of the county superintendent upon the making
of an order of abandonment to file the same in the office of the clerk
of the board of supervisors and to file copies thereof certified by the
clerk of the board of supervisors in the town clerk's office of the town
or towns in which such useless bridge or part thereof is situated, and
he shall send two such certified copies of said order to the department
of transportation. Upon the filing of said order it shall be the duty of
the county superintendent to erect at and across each end of such
useless bridge a suitable substantial barricade or obstruction to close
such bridge and for the prevention of further use thereof and passage
thereon or thereto and there shall be installed suitable signs, the type
and manner of placement of which shall conform to the New York State
manual of uniform traffic control devices. If such bridge is taken down,
the county superintendent shall place like obstructions or barricades at
the ends of the portions of the highway at the places where the highway
joined such bridge. The county superintendent shall also erect suitable
signs at lateral intersecting highways which in his judgment afford most
convenient detours to another bridge or bridges to be used by the
traveling public instead of such abandoned bridge. The cost of such
signs, their erection and maintenance shall be paid for in the manner
provided for the payment of the barricades and obstructions as
aforesaid.
12. Upon the written recommendation of the county superintendent that
any bridge having a span of twenty-five feet or over, which is on a
county road or town highway, has become useless and not necessary for
the public convenience and welfare, the board of supervisors, upon a
finding by resolution of the town board as to any such bridge on a town
highway, or upon a finding by resolution of such board of supervisors as
to any such bridge on a county road, to promote the interests of the
county, may, upon a resolution adopted by a majority of the members of
such board, order and direct the county superintendent to abandon such
bridge on a county road or town highway and to erect suitable barricades
for closing such bridge and also signs in relation to such abandonment
as are prescribed for the abandonment of a useless bridge in the last
above preceding subdivision of this section.
The clerk of the board of supervisors shall forthwith serve a
certified copy of such resolution on the county superintendent and
thereupon the county superintendent shall make, in duplicate, a written
order of abandonment of such bridge and file one of them in his office
and one of them in the office of the clerk of the board of supervisors,
who shall forthwith make and certify copies of such resolution and of
such order and file the same in the town clerk's office of the town or
towns in which said useless bridge is situated and shall mail two
certified copies of such resolution and of such order to the state
department of transportation. Upon the county superintendent making and
filing such order of abandonment, he shall forthwith permanently and
substantially barricade such bridge to public highway uses and purposes,
or remove the bridge and build sufficient permanent and substantial
barricades across the road or highway at the points where entrance was
made upon the bridge, and the cost and expense thereof shall be a county
charge, to be paid by the county treasurer upon the order of the county
superintendent.
If the board of supervisors or the county superintendent, for and in
behalf of the board, is unable to obtain releases from all damages, not
exceeding the amounts prescribed in the last preceding subdivision of

this section, from owners of the land adjacent to the section of the
road or highway upon which such abandoned bridge is located, lying
between such bridge and intersecting roads or highways, such owners of
lands shall be entitled to recover from the county the damages resulting
from the abandonment of such bridge. Any such owner claiming damages
from such abandonment of such bridge may, within ninety days after such
bridge has been barricaded against or removed from the public use, apply
to the supreme court at a special term thereof to be held in the
judicial district in which the county is located for the appointment of
three commissioners of appraisal to determine and assess the damages to
which he is entitled to be paid by the county. Notice of application
must be served upon the chairman of the board of supervisors at least
ten days before the hearing thereof. The commissioners of appraisal
shall be taxpayers of such county but shall not reside in the town in
which such abandoned bridge is or was situated. All proceedings
subsequent to the appointment of commissioners of appraisal shall be
taken in accordance with the provisions of the condemnation law so far
as applicable. The commissioners of appraisal, appointed as herein
provided, for each day necessarily employed as such shall each be
entitled to fifteen dollars and his necessary expenses, which shall be a
county charge to be audited by the board of supervisors or a committee
thereof and paid by the county treasurer upon the order of the board by
its chairman.
If such bridge is over the county boundary line between two counties,
the aforesaid abandonment proceedings, steps and measures may be taken
in, for and by the respective counties for the abandonment of such
useless bridge, and the cost and expense thereof shall be at the joint
cost and expense of such counties, excepting, however, that each county
shall severally pay the cost of obtaining releases for damages or the
damages determined and assessed by the commissioners of appraisal in
connection with the lands in each county affected as herein specified.
12-a. Upon the recommendation of the county superintendent that any
bridge having a span of twenty-five feet or over which is on a town
highway outside of a city, and which is not on the improved state system
of highways, or any such bridge which is under the supervision of the
town superintendent of highways, located within an incorporated village,
and which has been condemned by the county superintendent of highways
under the provisions of subdivisions one and two of this section, and
which has not been taken over by the county under the official order of
the county superintendent of highways pursuant to subdivision six of
this section, has become useless and not necessary for the public
convenience and welfare, the board of supervisors, to promote the
interest of the county may, upon a resolution adopted by a majority of
the members of such board, order and direct the county superintendent to
abandon such bridge on a town highway or any such bridge which is under
the supervision of the town superintendent of highways located within an
incorporated village, and to erect suitable barricades for closing such
bridge, and also signs in relation to such abandonment, as are
prescribed for the abandonment of a useless bridge in subdivision eleven
above.
The clerk of the board of supervisors shall forthwith serve a
certified copy of such resolution on the county superintendent and
thereupon the county superintendent shall make, in duplicate, a written
order of abandonment of such bridge pursuant to the provisions of this
subdivision and file one of them in his office and one of them in the
office of the clerk of the board of supervisors, who shall forthwith
make and certify copies of such resolution and of such order and file
the same in the town clerk's office of the town or towns in which said

useless bridge is situated and shall mail two certified copies of such
resolution and of such order to the state department of transportation.
Upon the county superintendent making and filing such order of
abandonment, he shall forthwith permanently and substantially barricade
such bridge to public highway uses and purposes, or remove the bridge
and build sufficient permanent or substantial barricades across the road
or highway at the points where entrance was made upon the bridge, and
the cost and expense thereof shall be a county charge, to be paid by the
county treasurer, upon the order of the county superintendent.
If the board of supervisors or the county superintendent, for and in
behalf of the board is unable to obtain releases from all damages not
exceeding the amounts prescribed in subdivision eleven of this section,
from owners of the land adjacent to the section of the road or highway
upon which such abandoned bridge is located, lying between such bridge
and intersecting roads or highways, such owners of lands shall be
entitled to recover from the county the damages resulting from the
abandonment of such bridge. Any such owner claiming damages from such
abandonment of such bridge may, within ninety days after the filing of
the order of abandonment authorized by this subdivision in such town
clerk's office, apply to the supreme court at a special term thereof, to
be held in the judicial district in which the county is located, for the
appointment of three commissioners of appraisal to determine and assess
the damages to which he is entitled to be paid by the county. Notice of
application must be served upon the chairman of the board of supervisors
at least ten days before the hearing thereof.
If, within said period of ninety days such owner does not so apply to
the supreme court for the appointment of commissioners of appraisal to
assess said damages, then the board of supervisors may so apply to the
supreme court at a special term thereof, to be held in the judicial
district in which the county is located, for the appointment of three
commissioners of appraisal to determine and assess the damages to which
said owner or owners are entitled to be paid by the county. Notice of
such appointment must be served upon said owner or owners at least ten
days before the hearing thereof.
The commissioners of appraisal shall be taxpayers of such county, but
shall not reside in the town in which such abandoned bridge is or was
situated. All proceedings subsequent to the appointment of commissioners
of appraisal shall be taken in accordance with the provisions of the
condemnation law, so far as applicable. The commissioners of appraisal,
appointed as herein provided, for each day necessarily employed as such,
shall be entitled to fifteen dollars and his necessary expenses, which
shall be a county charge, to be audited by the board of supervisors and
paid by the county treasurer after audit thereof.
13. Notwithstanding the provisions in this section or elsewhere in
this chapter, the board of supervisors of Genesee county, Wyoming county
and/or Sullivan county, at any time, upon recommendation of the county
superintendent, may take over any bridge having a span of five feet or
over which is on a town highway or any town bridge over five feet long
located within a village, although such bridge may not have been
condemned, for the purpose of maintaining and preserving the same under
the supervision of the county superintendent. Upon the adoption of such
resolution, the procedure thereafter shall conform to the provisions of
this section relating to bridges on town highways and town bridges in
villages having a span of twenty-five feet or over and the bridges taken
over as herein provided thereafter shall be under the direct supervision
of the county superintendent of highways and the cost of maintenance
thereof shall be paid from county funds appropriated for the maintenance
of bridges.

14. Notwithstanding any other provision of law, a county may
contribute funds to a city, town or village towards its fifteen per
centum share of the cost of reconstructing a railroad bridge as required
by subdivision three of section ninety-four of the railroad law whether
or not the road, of which the bridge is a part, is under the
jurisdiction of a city, village, town or county and regardless of who
performs the work.
15. In the county of Washington, the provisions of this section
otherwise applicable to bridges having a span of twenty-five feet or
more shall apply to bridges having a span of twenty feet or more.
16. In the county of Delaware, the provisions of this section
otherwise applicable to bridges having a span of twenty-five feet or
more shall apply to bridges having a span of twenty feet or more and the
deck or wearing surface of such bridges shall be the responsibility of
such county.
17. Notwithstanding any other provision of law, the board of
supervisors of Saratoga county, upon the recommendation of the county
superintendent, may, at any time, by resolution, take over any bridge
having a span of twenty-five feet or over which is on a village highway
or any village bridge, over twenty-five feet long located within an
incorporated village, although such bridge may not have been condemned,
for the purpose of maintaining and preserving the same under the
supervision of the county superintendent. Upon the adoption of such a
resolution the clerk of the board of supervisors shall mail a certified
copy of the resolution to the county superintendent, the county
treasurer and the mayor of the village within which such bridge is
located, which copy shall be filed by each of said officers in his
office.
Such resolution shall also appropriate and make immediately available
to the order of the county superintendent from county funds, such sum as
may be deemed necessary for the preservation or maintenance of such
bridges, and it shall be the duty of the board of supervisors to
appropriate and make available to the order of the county superintendent
from time to time from county funds such sums as may become necessary
for the preservation and maintenance of such bridges. Any bridge taken
over by the county pursuant to this section shall be under the direct
supervision of the county superintendent of highways and if a bridge is
a draw-bridge or of a nature that requires the services of an operator
or attendant, such operator or attendant shall be employed by the county
superintendent of highways and paid out of county funds appropriated for
the maintenance of bridges.