Section 205-B. Qualified abandonment of certain town highways  


Latest version.
  • 1.
      Abandonment of town highways which are  access  roads  to  state  forest
      preserve lands or lands now owned or hereafter acquired by the state and
      held   under   the  jurisdiction  of  the  department  of  environmental
      conservation shall be qualifiedly abandoned in the following manner  and
      shall have the following effect:
        a.   upon   written   notice   to   the  department  of  environmental
      conservation, the town  shall  follow  the  procedure  provided  for  in
      subdivision two of section two hundred five of this chapter;
        b.  the  resolution  of abandonment shall provide that even though the
      responsibility of maintenance of the road by the town shall cease, there
      shall remain a public easement over such road in perpetuity;
        c. the department of environmental conservation shall have  the  right
      to maintain such road if it so desires;
        d.  no  one,  including  the  owner  of  adjoining land, may fence any
      portion of such road, with or without gates;
        e. the town, at any time, shall have the right to resume  jurisdiction
      over such road for any purpose;
        f. the title to such road shall remain with the town.
        2.  For  the  purposes  of  this section, access roads to state forest
      preserve lands or lands under  the  jurisdiction  of  the  environmental
      conservation  department  shall  mean roads which are the only practical
      means of ingress or egress to such state lands.
        3. In no event shall the provisions of this section be construed so as
      to require the maintenance or abandonment  of  roads  within  the  state
      forest  preserve  lands  or lands now owned or hereafter acquired by the
      state.