A616-2011 Actions

• Jan 4, 2012: referred to transportation
• Apr 12, 2011: held for consideration in transportation
• Jan 5, 2011: referred to transportation

A616-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          616
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced by M. of A. SAYWARD, DUPREY, FINCH, GIGLIO -- Multi-Sponsored
 by  --  M. of A.  CROUCH -- read once and referred to the Committee on
 Transportation
 

AN ACT to amend the highway law, in relation to access  roads  to  state
 forest  preserve lands or lands under the jurisdiction of the environ
 mental conservation department
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 205-b of the highway law, as added by chapter 203
 of the laws of 1976, the opening paragraph of subdivision 1  as  amended
 by chapter 121 of the laws of 1985, is amended to read as follows:

 

S  205-b.  Qualified abandonment of certain town highways. 1. Abandon
 ment 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  conserva
 tion,  the  town  shall follow the procedure provided for in subdivision
 two of section two hundred five of this [chapter] ARTICLE;
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01302-01-1
 
       A. 616                              2
 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.
 

S 2. This act shall take effect immediately.

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