Section 187. Laying out, dividing and maintaining highway upon town line, or wholly in one town but adjacent to another town  


Latest version.
  • An application to lay  out a highway upon the line between two or more towns, or wholly in  one
      town   but  adjacent  to  another  town,  shall  be  made  to  the  town
      superintendents of each town, who shall act together in the matter; and,
      upon laying out any such highway, the expense of  opening,  working  and
      keeping  the  same  in  repair shall be borne equally by such towns. The
      town superintendents shall cause a map and survey of the highway  to  be
      recorded  in  the  office  of  the  town clerk in each of the respective
      towns. If such highway be upon a line between one or more  towns  and  a
      city or incorporated village, or wholly in one town, village or city but
      adjacent  to  another town, village or city, such application shall also
      be made to the officers of such city or village having the powers of the
      town  superintendents  and  such  officers  may  agree  with  the   town
      superintendents  of  such towns as to division of such expense. Whenever
      such officers shall disagree, the question shall  be  submitted  to  the
      county  superintendent  or  superintendents  representing  the county or
      counties in which such highway is located and their  decision  shall  be
      final  when  approved by the department of transportation.  All highways
      heretofore laid out upon the line between any two  towns  or  between  a
      town  and  a  city  or  an  incorporated village, or wholly in one town,
      village or city but adjacent to another town, village or city, shall  be
      divided  and  allotted or redivided and reallotted, recorded and kept in
      repair in the manner above directed; and all bridges upon such  highways
      shall  be  built  and  maintained  jointly  by  the towns whether wholly
      located within one of them or otherwise. Such highway or  part  of  such
      highway   may   be   improved   by  paving,  repaving,  macadamizing  or
      remacadamizing upon agreement between the town board of such towns,  the
      village  trustees  of  such  village,  or the common council, council or
      other governing body of such city, and the cost of such  improvement  be
      paid  by  each city, town or village involved, in the proportion recited
      in such agreement. The officers  of  such  city,  town  or  village  may
      proceed with the ordering, construction and pavement of such improvement
      in  the  manner  prescribed  by  law  where a highway is situated wholly
      within such city, town or village except as  is  otherwise  provided  in
      this section. Where action by the officers of such city, town or village
      is required by law to be upon a petition of the owners of lands lying in
      and  along  the  highway  to  be  so  improved,  such  petition  will be
      sufficient if made only by the specified number of such land  owners  in
      and  along  the  side  of the highway within such city, town or village,
      without requiring the signatures of the owners of the land in and  along
      the  side  of  such highway not within such city, town or village. Plans
      and specifications  for  such  improvement  shall  be  approved  by  the
      officers of each such city, town or village involved and may provide for
      the maintenance of such improvement for a period not exceeding ten years
      after  its  completion.  The  contract  for  the  construction  of  such
      improvement will be let subject to the approval of the officers of  each
      such  city,  town  or village to the lowest responsible bidder upon bids
      received after notice of advertisement as may be required by law in  one
      or  the other of such city, town or village, and bids may be received by
      the officer and at the place in one of such cities,  towns  or  villages
      agreed upon by the officers of each such city, town or village involved.
      The construction of such improvement may be under the supervision of the
      officers  of  each  of  such  cities,  towns  or  villages, or under the
      supervision of such person or officer as  may  be  agreed  upon  by  the
      officers  of  such  city,  town  or  village.  Where  the  cost  of such
      improvement is required to be met by local  assessment  upon  the  lands
      benefited,  each  such  city, town or village shall cause the portion of
    
      the cost of such improvement to be borne by  each  such  city,  town  or
      village, to be levied and assessed upon the lands within such city, town
      or  village  along the highway or part of the highway so improved in the
      same  manner  and  with  the  like  effect as is required by law for the
      assessment of the cost in part or whole of similar improvements  upon  a
      highway  wholly  within such city, town or village. After the completion
      of any such improvement such improvement shall be maintained equally  by
      the  city,  town or village in which or along which such highway is laid
      out in the manner provided by the agreement referred to in this  section
      to  be  entered into between the officers of such city, town or village.
      Each such city, town or village may construct and maintain,  or  provide
      for  the  construction  and  maintenance,  in such highway of sidewalks,
      sewers, water lines, gas lines and other public  service  facilities  to
      accommodate  the lands adjacent to such highway and situated within such
      city, town or village in the manner provided for  the  construction  and
      maintenance  of  sidewalks,  sewers,  water  lines,  gas lines and other
      public service facilities within a highway wholly within such city, town
      or village.
        Where such highway is partly within a city,  and  where  it  has  been
      designated  by law as a state highway, the state, through the department
      having supervision over state highways, may enter into an agreement with
      such city allotting to the city the part of such highway  to  be  paved,
      macadamized,  or  otherwise  improved  by the city, and the part of such
      highway to be paved, macadamized or otherwise improved by the state,  in
      which  case the city will improve the part of the highway so allotted to
      it in the manner in which it improves a highway  situate  wholly  within
      the  city,  and  the  state  will  improve  the  portion of such highway
      allotted to it as a part of the state highway. Where the  cost  of  such
      improvement  is  required by law within said city to be defrayed in part
      or in whole by local assessment, all of the lands within said city along
      the lines of the highway so divided, and extending one hundred  feet  at
      right   angles  therefrom,  will  be  deemed  to  be  benefited  by  the
      construction of such improvement by such city and will be subject to  be
      assessed to defray the expense thereof the same as if such lands abutted
      upon  the  part  of the highway so improved by such city. Where any such
      highway is partly within a city, and is on the  county  road  system  of
      town  highways  proposed to be constructed pursuant to the provisions of
      article six of this chapter, the board of  supervisors  of  the  county,
      with  the approval of the commissioner of transportation, may enter into
      an agreement with such city allotting to  the  city  the  part  of  such
      highway to be paved, macadamized, or otherwise improved by the city, and
      allotting  to  the  county  the  part of such highway to be constructed,
      paved, macadamized, or otherwise improved by the county pursuant to such
      article, in which case the part allotted to the city shall  be  improved
      and  maintained  by the city in the same manner in which it improves and
      maintains a street situate wholly within the city, and the county  shall
      improve  and  maintain  the  portion of such highway allotted to it as a
      part of the county road system of the county. The county  superintendent
      of  highways  of the county, upon the execution of such agreement, shall
      prepare a map showing the part of such highway within the city and  town
      allotted  to  the  county  as a part of the county road system. This map
      must be approved by the board of supervisors of the county  and  by  the
      commissioner  of transportation before it becomes effective, and when so
      approved  shall  be  filed  in  the  office   of   the   department   of
      transportation,  county  clerk and county superintendent.  When the cost
      of such improvement within the city is required by law to be defrayed in
      part or in whole by local assessment, all of the lands within such  city
      along the line of the highway so divided, and extending one hundred feet
    
      at  right  angles  therefrom,  will  be  deemed  to  be benefited by the
      construction of such improvement by the city and will be subject  to  be
      assessed  to  defray  the expense thereof within the city the same as if
      such lands abutted upon the part of the highway so improved by the city.