N.Y. Highway Law Section 205-B
Qualified abandonment of certain town highways


1.

Abandonment of town highways which are access roads to state forest preserve lands or lands now owned or hereafter acquired by the state and held under the jurisdiction of the department of environmental conservation shall be qualifiedly abandoned in the following manner and shall have the following effect:

a.

upon written notice to the department of environmental conservation, the town shall follow the procedure provided for in subdivision two of § 205 (Highways abandoned)section two hundred five of this chapter;

b.

the resolution of abandonment shall provide that even though the responsibility of maintenance of the road by the town shall cease, there shall remain a public easement over such road in perpetuity;

c.

the department of environmental conservation shall have the right to maintain such road if it so desires;

d.

no one, including the owner of adjoining land, may fence any portion of such road, with or without gates;

e.

the town, at any time, shall have the right to resume jurisdiction over such road for any purpose;

f.

the title to such road shall remain with the town.

2.

For the purposes of this section, access roads to state forest preserve lands or lands under the jurisdiction of the environmental conservation department shall mean roads which are the only practical means of ingress or egress to such state lands.

3.

In no event shall the provisions of this section be construed so as to require the maintenance or abandonment of roads within the state forest preserve lands or lands now owned or hereafter acquired by the state.

Source: Section 205-B — Qualified abandonment of certain town highways, https://www.­nysenate.­gov/legislation/laws/HAY/205-B (updated Sep. 22, 2014; accessed Jun. 15, 2024).

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

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 205-B’s source at nysenate​.gov

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