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This entry was published on 2014-09-22
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SECTION 131-E
Bridges over county lines
Highway (HAY) CHAPTER 25, ARTICLE 6
§ 131-e. Bridges over county lines. The board shall provide for the
care, maintenance, preservation and repair of any draw or other bridge
intersecting the boundary line of counties or towns, which bridge is by
law a joint charge on such counties or towns, or on the towns in which
it is situated; and to severally apportion, as it may deem equitable,
the expenses thereof on the towns respectively liable therefor, or on
the respective counties when liable; but when such bridge shall span any
portion of the navigable tide-waters of this state, forming, at the
point of crossing, the boundary line between two counties, such expense
shall be a joint and equal charge upon the two counties in which the
bridge is situated, and the board of supervisors in each of such
counties shall apportion such expense among the several towns and cities
in their respective counties, or upon any or either of such towns and
cities, as in their judgment may seem proper; and if there be in either
of said counties, a city, the boundaries of which are the same as the
boundaries of the county, then it shall be the duty of the common
council of such city, to perform the duty hereby imposed upon the boards
of supervisors; but no town or city not immediately adjacent to such
waters at the points spanned by said bridge shall be liable for a larger
proportion of such expense than the taxable property of such town or
city bears to the whole amount of taxable property of such county. The
board of supervisors of such counties or, in any city embracing the
entire county and having no board of supervisors, the common council,
shall have full control of such bridges. No such bridge shall be
constructed unless the board of supervisors in each of such counties,
and the common council of the city whose boundaries are the same as the
boundary of the other county adjacent to such waters, shall first by
resolution determine that such bridge is necessary for public
convenience. Whenever any bridge now spanning any such navigable
tide-waters or hereafter erected across any such navigable tide-waters,
shall be condemned by the United States authorities as an obstruction to
navigation, and shall be ordered removed, the county and city
authorities having charge of such bridge, if they shall determine that
such bridge shall be rebuilt, shall, as soon as practicable after such
determination, cause plans to be prepared for the erection of the new
bridge and the removal of any bridge so condemned as aforesaid, and
within a reasonable time after the approval of any such plans by the
United States authorities, the proper officers shall proceed with the
construction of said new bridge. In case of any unreasonable delay on
the part of the officer or officers charged with the duty of
construction of such new bridge, such duty may be enforced by mandamus
upon the application of any citizen interested in its performance.