Assembly Bill A1101

2009-2010 Legislative Session

Relates to access roads to state forest preserve lands or lands under the jurisdiction of the department of environmental conservation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1101 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Amd ยง205-b, Hway L
Versions Introduced in 2011-2012 Legislative Session:
A616

2009-A1101 (ACTIVE) - Summary

Relates to access roads to state forest preserve lands or lands under the jurisdiction of the department of environmental conservation; further relates to the qualified abandonment of certain town roads.

2009-A1101 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1101

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. SAYWARD, DUPREY, BACALLES, FINCH, SCOZZAFAVA,
  ERRIGO, GIGLIO -- Multi-Sponsored by -- M. of A. CROUCH,  TOWNSEND  --
  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.

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