New York Laws
Article 3 - State Highways
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.