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Assembly Bill A616

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2011-A616 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Amd ยง205-b, Hway L
Versions Introduced in 2009-2010 Legislative Session:
A1101

2011-A616 (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.

2011-A616 (ACTIVE) - Bill Text download pdf 

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

                                   616

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (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.

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