Section 66. Restrictions on the construction of farm and road bridges  


Latest version.
  • A
      person shall not be entitled to demand a farm bridge across a  canal  or
      feeder  where  the  necessity  of  convenience of such bridge shall have
      arisen from the division or acquisition of property  subsequent  to  the
      location  of  such canal or feeder. A street or road bridge shall not be
      constructed by the  commissioner  of  transportation  over  a  canal  or
      feeder,  except  upon  such streets or roads as were laid out, worked or
      used, previously to the construction of the canal or  feeder,  by  which
      such  street  or road is obstructed; and when bridges are constructed or
      reconstructed upon any such streets or roads,  the  cost  to  the  state
      shall  in  no  case  be  more than is required to preserve in a safe and
      substantial manner the continuity of such streets or roads so as not  to
      unnecessarily  impair  their  usefulness. When a bridge of a more costly
      nature is desired by the local authorities of a city,  town  or  village
      within  whose  corporate  limits a bridge is to be built or rebuilt, the
      commissioner of transportation, on presentation to  him  by  such  local
      authorities  of  plans  and  specifications for such bridge and approval
      thereof by him shall estimate and determine the proportion of the  cost,
      which,  in  order  to preserve the continuity of such streets and roads,
      the  state  ought  equitably  to  pay,  and  file  such   estimate   and
      determination in his office and a duplicate thereof in the office of the
      clerk of such city, town or village. If a private road or public highway
      is  laid  out  by  legal  authority  in such direction as to require the
      erection of a new bridge over a canal for the accommodation of the road,
      such bridge shall be  so  constructed  and  forever  maintained  at  the
      expense of the town, village or city in which it shall be situated.