Section 63. Discontinuance of part of highway due to grade crossing elimination  


Latest version.
  • 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.