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BILL NUMBER:S1011

TITLE OF BILL: An act to amend the highway law, in relation to changing the location of highways over certain lands owned and occupied by the state in the Adirondack park

PURPOSE: To amend the highway law to remove the ability of the state to modify, abandon or close roads within the Adirondack Park

SUMMARY OF PROVISIONS:

Section 1- Amends Section 212 of the highway law, as amended by chapter 161 of the laws of 1988 to add a new subsection 2 that reads The provisions of this section shall not apply to any highway within the Adirondack park, as defined in subdivision one of section 9-0101 of the environmental conservation law.

Section 2- Effective date

EXISTING LAW:

Section 211 of the highway law allows the state to modify, abandon or close town roads that pass through the lands owned and controlled by the state.

JUSTIFICATION: Within the Adirondack Park, the State has closed existing, town roads on several occasions since 1970. Over the past twelve years, the State has acquired hundreds of thousands of additional acres within the Park on which many town roads are located. For instance, in 2006 the state proposed to close the West River Road in the Town of Wells, Hamilton County despite the opposition of the town board who wishes to continue to maintain it and keep it open to the public.

Section 212 of the highway law, grants the State unlimited authority and disregards the wishes of local governments. Furthermore, the closing of town roads by the State disrupts local transportation without compensation to the local community. The introduction of this legislation has been requested by the Adirondack Park Local Government Review Board and is also supported by the Adirondack Conservation Council.

LEGISLATIVE HISTORY: 2011-12: S. 343 Passed Senate; A. 149 Transportation 2009/10: S.321 Transportation; A.418 Transportation 2007/08: S.4113 Transportation; A.7082 Transportation.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect immediately

 

Text

STATE OF NEW YORK
________________________________________________________________________

1011

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the highway law, in relation to changing the location of
  highways over certain lands owned and occupied by  the  state  in  the
  Adirondack park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 212 of the highway law, as amended by  chapter  161
of the laws of 1988, is amended to read as follows:
  S  212.  Changing  location  of  highways over certain lands owned and
occupied by the state. 1. If a highway  passes  over  or  through  lands
wholly  owned and occupied by the state, the location of such portion of
such highway as passes through such lands may be altered and changed, or
the same may be abandoned or the use thereof as a  highway  discontinued
with the consent and approval of the state authority having jurisdiction
or  control  over  such  lands  by  an  order  directing  such change in
location, abandonment or discontinuance.  Such  order  shall  contain  a
description  of  that  portion  of the highway the location of which has
been changed, abandoned or discontinued, and a description  of  the  new
location  thereof, if any, and shall be filed in the office of the state
authority having control of such lands.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY HIGHWAY WITH-
IN THE ADIRONDACK PARK, AS DEFINED IN SUBDIVISION ONE OF SECTION  9-0101
OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01141-01-3