N.Y. Highway Law Section 188
Final determination, how carried out

The final determination of the supreme court relating to laying out, altering or discontinuing a highway, and all orders and other papers filed or entered in the proceedings, or certified copies thereof from the court where such determination, order and papers are filed and entered, shall be forthwith filed and recorded in the town clerk’s office of the town where the highway is located; and every such decision shall be carried out by the town superintendent of the town, the same as if they had made an order to that effect. The said town superintendent shall thereupon proceed to construct the highway so laid out, and construct any alteration so provided for, and put the same in good condition for public travel. The expense of such construction of such new highway or alteration of an existing highway, shall be a charge upon and against the town in which such highway is constructed or any existing highway is altered, and when same is completed the town board of such town shall at the next annual meeting for auditing accounts, after such work is done, audit such claims against the town, including interest, if any, and include same in the annual tax budget to be collected from the taxpayers of said town to pay said indebtedness; such money to be paid over to the supervisor of the town and by him paid and applied to the purposes aforesaid. This amendment is made subject to the provisions of section one hundred and ninety-three, relating to contracts for construction.

Source: Section 188 — Final determination, how carried out, https://www.­nysenate.­gov/legislation/laws/HAY/188 (updated Sep. 22, 2014; accessed Dec. 6, 2025).

170
Survey for the laying out of a highway 171
Highways by dedication 172
Application 173
Petition for acquisition 177
Damages in certain cases 180
Limitations upon laying out highways 181
Laying out highways through burying-grounds 182
Costs 184
When officers of different towns disagree about highway 185
Difference about improvements 186
Highway in two or more towns 187
Laying out, dividing and maintaining highway upon town line, or wholly in one town but adjacent to another town 188
Final determination, how carried out 189
Highways by use 190
Fences to be removed 191
Highways or roads along division lines 192
Adjournments 193
Contracts for the construction of town highways 194
Construction or improvement of town highways by county and town 195
County aid for construction, improvement and maintenance of town highways 196
County aid for connecting highway through villages 197
Damages for change of grade 198
Interest on damages for change of grade 199
Widening highways 203
Widening, how constructed 204
Actions to compel widening 205
Highways abandoned 205–A
Seasonal limited use highway 205–B
Qualified abandonment of certain town highways 205–C
Minimum maintenance roads 206
Highways in lands acquired by the United States for fortification purposes deemed abandoned 207
Discontinuance of highway 208
Description to be recorded 209
Damages caused by discontinuance 210
Papers, where filed 211
Costs of motion 211–A
Abandonment of certain town highways 211–B
Abandonment of certain town highways in school districts 212
Changing location of highways over certain lands owned and occupied by the state 212–A
Abandoning of parts of town highways 213
Construction and repair of approaches to private lands 214
Depositing ashes, snow, ice, stones, sticks, et cetera upon the highway 216
When town not liable for damages 218
Storm water sewers in town highways
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Verified:
Dec. 6, 2025

Last modified:
Sep. 22, 2014

§ 188. Final determination, how carried out's source at nysenate​.gov

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