N.Y. Highway Law Section 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.

Source: Section 118-A — Abandoning of parts of county highways, https://www.­nysenate.­gov/legislation/laws/HAY/118-A (updated Sep. 22, 2014; accessed Jan. 18, 2025).

110
Definitions 111
Payment and apportionment of cost among counties and towns 113
Annual statement of cost 114
Sources and use of county road fund moneys 115
Preparation of map showing proposed county road system 115‑A
Abandonment of unused portions of town highways on county road system 115‑B
Removal of road or part of road from county road system 115‑C
Notice to municipalities where county roads are abandoned or revert to such municipalities 116
Statement and approval of proposed work 117
Construction and reconstruction of county roads 117‑A
Highways in villages in Niagara county 117‑B
Controlled-access highways in counties 117‑C
Hawking, peddling, vending, sale of goods, wares or merchandise 117‑D
Pedestrian overpass to be designated as the “Jennifer Bolender Memorial Overpass” 117‑E
Pedestrian overpass to be designated as the “Police Officer Robert McLellan Memorial Overpass” 118
Acquisition by counties of lands for right-of-way and other purposes 118‑A
Abandoning of parts of county highways 118‑B
Entry upon lands by county superintendent 119
Purchase of lands 120
Petition to acquire lands 121
Commissioners of appraisal to be appointed 122
Duties of commissioners of appraisal 123
County treasurer to pay awards 125
Land may be sold or leased 126
Awarding of contracts 127
Payments from the county road fund 129
Maintenance and apportionment of cost 130
Bridges on county road system 131
County roads of additional width and increased cost at expense of village 131‑A
Application 131‑B
County highways and bridges 131‑C
Location and construction of bridges 131‑D
Construction by county of destroyed bridges 131‑E
Bridges over county lines 131‑F
Streets outside cities 131‑G
Regulation of toll rates 131‑H
Separate highway districts in certain counties 131‑I
Boundary lines 131‑J
Development of highways and other improvements in certain counties 131‑K
County aid for construction and improvement of certain public highways and bridges in municipalities 133
Machinery, tools, equipment, implements, materials and supplies 133‑A
Rental or hiring of county highway machinery, tools or equipment 134
Purchases by county purchasing agent 135
Snow removal, and cutting of weeds 135‑A
Control of snow and ice conditions on county roads 136
Permits for work within the county road right of way 137
Maintenance of certain highways by a county 138
Bridge between Saratoga county and Warren county to be designated as the "Irving H 139
County liable for injuries caused by defective highways and bridges 139‑A
Presentation of claims for torts
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 118-A’s source at nysenate​.gov

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