2006 New York Code - Discontinuance Or Relocation, Or Both, Of Highways, Roads And Streets.

 
  § 15-2113. Discontinuance or relocation, or both, of highways, roads and
               streets.
    1.  If  the  board  shall  deem  it  necessary to discontinue a public
  highway, road or street, or a part thereof, because of its  interference
  with  the  proper  location  of  a reservoir for which preliminary plans
  shall have been adopted as provided in title 21 of this article, it  may
  discontinue  it;  and  if  the  board  shall  determine  that the public
  interest so requires, it may relocate such highway, road or  street,  or
  the part discontinued, along a course wholly or partly within or without
  the  high  flow  line  of such reservoir, and acquire, with funds of the
  board applicable to  the  expense  of  such  reservoir,  in  the  manner
  provided in title 21 of this article for the acquisition of real estate,
  the  necessary rights of way or easements for such relocated part, or in
  lieu of such a relocation may establish new  highways  to  connect  with
  then  existing  highways,  roads  or  streets,  to  afford a substantial
  equivalent, for purposes of highway traffic, of such a  relocation.  The
  determination  of  the  board to relocate or establish any such highway,
  road or street, shall be by resolution, setting forth a  description  of
  the  course  of  such highway, road or street, a certified copy of which
  shall be filed in the office of the  clerk  of  each  town  and  village
  containing  any part of the relocated or new highway, road or street. If
  the highway, or part thereof, so established or  relocated  shall  be  a
  state  or  county  highway,  the resolution shall not be effective until
  approved by the state Commissioner of  Transportation  and  his  written
  approval  appended  thereto. From the time of the filing of such copy or
  copies of the resolution, the relocated or connecting highway  shall  be
  deemed duly laid out.
    2.  After  having  acquired  the  necessary rights of way or easements
  therefor, the board, with its funds, shall construct such  relocated  or
  connecting  highway, road or street, or part thereof. If the highway, or
  part thereof, which is discontinued, be a state or  county  highway,  or
  part  thereof,  the  construction of the relocated or connecting highway
  shall be in accordance with plans approved by the state Commissioner  of
  Transportation.  If the highway, or part thereof, which is discontinued,
  be a county road, or part thereof, the construction of the relocated  or
  connecting  highway  shall  be  in accordance with plans approved by the
  county superintendent of highways. In the case of any  other  highway  ,
  road  or  street,  the  board  shall construct the same so as to make it
  conform in kind and quality  generally  to  the  discontinued  highways,
  roads and streets.
    3. The control and maintenance of the relocated or connecting highway,
  street   or  road,  after  its  completion,  shall  vest  in  the  local
  authorities of the city, town or  village,  in  which  it  or  any  part
  thereof  is situated, and for such purpose it shall be deemed a highway,
  road or street of the city, town or village, except that if the  highway
  or  road which was discontinued, or the part thereof discontinued, was a
  state or county highway, or county road, the control and maintenance  of
  the  relocated  or connecting highway or road shall vest in the state or
  county authorities having charge of the discontinued  highway  or  road,
  and  for  such  purpose it shall be deemed a state or county highway, or
  county road, as the case may be.