N.Y. HAY. LAW § 205 : NY Code - Section 205: Highways abandoned

Search N.Y. HAY. LAW § 205 : NY Code - Section 205: Highways abandoned

1. Every highway that shall not have been
  opened and worked within six years from the  time  it  shall  have  been
  dedicated  to  the  use  of the public, or laid out, shall cease to be a
  highway; but the period during which any action or proceeding shall have
  been, or shall be pending in regard to any such highway, shall  form  no
  part  of  such  six  years;  and  every highway that shall not have been
  traveled or used as a highway  for  six  years,  shall  cease  to  be  a
  highway, and every public right of way that shall not have been used for
  said  period  shall  be  deemed  abandoned  as  a right-of-way. The town
  superintendent with the written consent of a majority of the town  board
  shall  file,  and cause to be recorded in the town clerk's office of the
  town a written description, signed by him, and by  said  town  board  of
  each  highway  and  public right-of-way so abandoned, and the same shall
  thereupon be discontinued.
    2. There may also be a qualified abandonment of a  highway  under  the
  following  conditions  and  for the following purposes, to wit: Where it
  appears to the town superintendent and said town  board,  at  any  time,
  that  a  highway has not become wholly disused as aforesaid, but that it
  has not for two years next previous thereto, been usually traveled along
  the greater part thereof, by more than two vehicles daily,  in  addition
  to pedestrians and persons on horseback, and it shall also appear to the
  superintendent  of  highways of the county in which such town is situate
  that a qualified abandonment of such highway  is  proper  and  will  not
  cause  injustice  or  hardship  to  the  owner  or occupant of any lands
  adjoining such highway after  such  superintendent  shall  have  held  a
  public  hearing thereon upon giving at least twenty days' written notice
  to such owners and occupants of such lands of the time and place of such
  hearing, they shall file and cause to be recorded in  the  town  clerk's
  office  a  certificate  containing  a description of that portion of the
  highway  partly  disused  as  aforesaid  and   declaring   a   qualified
  abandonment  thereof.  The  effect  of  such qualified abandonment, with
  respect to the portion of said highway  described  in  the  certificate,
  shall be as follows: It shall no longer be worked at the public expense;
  it  shall not cease to be a highway for purposes of the public easement,
  by reason of such suspension of work thereon; no  persons  shall  impair
  its  use  as  a highway nor obstruct it, except as hereinafter provided,
  but no persons shall be required to keep  any  part  of  it  in  repair;
  wherever  an  owner  or  lessee  of  adjoining  lands  has  the right to
  possession of other lands wholly or partly on the directly opposite side
  of the highway therefrom, he may  construct  and  maintain  across  said
  highway a fence at each end of the area of highway which adjoins both of
  said  opposite  pieces of land, provided that each said cross fence must
  have a gate in the middle thereof at least ten  feet  in  length,  which
  gate  must  at all times be kept unlocked and supplied with a sufficient
  hasp or latch for keeping the same closed; all persons owning  or  using
  opposite  lands, connected by such gates and fences, may use the portion
  of highway thus enclosed for pasturage; any traveler or other person who
  intentionally, or by wilful neglect, leaves such gate  unlatched,  shall
  be  guilty  of a misdemeanor, and the fact of leaving it unlatched shall
  be prima facie evidence of such intent or wilful neglect.  Excepting  as
  herein  abrogated,  all  other  general  laws relating to highways shall
  apply to such partially abandoned highway. This section shall not  apply
  to  highways  less  than two rods in width unless it shall appear to the
  town superintendent at any time that such a highway has not, during  the
  months  of  June  to  September inclusive of the two years next previous
  thereto, been usually traveled along the greater part  thereof  by  more
  than ten pedestrians daily.

    Any  action  or  proceeding  involving  the  abandonment  or qualified
  abandonment of a highway made pursuant to this section must, in the case
  of abandonment, be commenced within one year from the date of filing  by
  the town superintendent as provided in subdivision one of this section.