§ 63. Discontinuance of part of highway due to grade crossing
elimination. Whenever the commissioner of transportation shall determine
that a state highway is affected by a side line or a new location by
reason of the elimination of a highway-railroad crossing at grade
pursuant to an order of the department of transportation, or by reason
of the improvement or reconstruction of an existing railroad grade
crossing, and as a result thereof a section of the said highway no
longer serves a useful purpose as a part of the state highway system, he
shall upon the completion and acceptance of the elimination work, make
an official order that the said section of the highway including any and
all bridges and culverts located thereon or immediately adjacent
thereto, shall no longer be maintained by the state. If such section of
highway or part thereof is located in an incorporated village, such
section or part thereof including any bridge and culvert thereon, shall
be maintained thereafter by the village in which such section or part
thereof is located, excepting however that any bridge and culvert
thereon, which were maintained by the town in which such village is
located, before the improvement of the section by the state, shall be
maintained by such town. If such section of highway was at the time of
its improvement by the state on a county road, such section or as much
thereof outside of the limits of an incorporated village, together with
any bridge and culvert thereon, shall be maintained thereafter by the
county or counties where it is located. The transfer of maintenance of a
section of highway and of any bridge and culvert thereon to any county,
town or village as herein provided shall become effective upon the
mailing of a certified copy of such official order to the clerk or
clerks of the board or boards of supervisors of the county or counties,
to the town clerk or clerks or to the clerk or clerks of the village or
villages, as the case may be.