N.Y. Highway Law Section 63
Discontinuance of part of highway due to grade crossing elimination

Whenever the commissioner of transportation shall determine that a state highway is affected by a side line or a new location by reason of the elimination of a highway-railroad crossing at grade pursuant to an order of the department of transportation, or by reason of the improvement or reconstruction of an existing railroad grade crossing, and as a result thereof a section of the said highway no longer serves a useful purpose as a part of the state highway system, he shall upon the completion and acceptance of the elimination work, make an official order that the said section of the highway including any and all bridges and culverts located thereon or immediately adjacent thereto, shall no longer be maintained by the state. If such section of highway or part thereof is located in an incorporated village, such section or part thereof including any bridge and culvert thereon, shall be maintained thereafter by the village in which such section or part thereof is located, excepting however that any bridge and culvert thereon, which were maintained by the town in which such village is located, before the improvement of the section by the state, shall be maintained by such town. If such section of highway was at the time of its improvement by the state on a county road, such section or as much thereof outside of the limits of an incorporated village, together with any bridge and culvert thereon, shall be maintained thereafter by the county or counties where it is located. The transfer of maintenance of a section of highway and of any bridge and culvert thereon to any county, town or village 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.

Source: Section 63 — Discontinuance of part of highway due to grade crossing elimination, https://www.­nysenate.­gov/legislation/laws/HAY/63 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

29
Property for highways, bridges and other highway uses and purposes to be acquired by acquisition 30
Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon 31
Exchange of reservation lands of the Seneca Nation of Indians 38
Contracts for construction or improvement of highways 39
Patented material or articles 40
Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ... 41
Maintenance of highways after preliminary work pending permanent paving 42
Maintenance of detours during construction 42‑A
Establishment of temporary detours when state highways are being maintained or repaired 43
Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta... 44
Acceptance of state highways when completed 45
Entry upon adjacent lands and streams 46
State highways in villages 47
Connecting highways in villages 48
State highways of additional width and increased cost at expense of town 49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town 50
Petition for improvement of highway where a street surface railroad is laid 51
Repair of highways at railroad crossings 52
Permits for work within the state highway right of way 53
Highways and bridges on Indian reservations 53‑A
Highways on Indian reservations 54
Sidewalks along improved state highways 54‑A
Reestablishment of approaches to private lands 55
Emergency aid for control of snow and ice in municipalities 56
State to maintain roads improved by state appropriations under special laws 57
Maintenance by state of canal bridge approaches 58
Liability of state for damages 59
Additional width, different type of construction or other additional work under repair or reconstruction contracts 60
Sprinkling 61
Payment by counties of a portion of the cost of construction under repair contracts 62
Improvement of alignment and of dangerous conditions on repair work 63
Discontinuance of part of highway due to grade crossing elimination 64
Maintenance by state of certain improved roads and highways 65
Lands may be sold or leased 66
Replacement water sources
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 63’s source at nysenate​.gov

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