Section 212-A. Abandoning of parts of town highways  


Latest version.
  • Whenever, pursuant to
      this chapter or under the provisions of any statute, any town road shall
      have been widened, straightened, extended, drained, paved  or  otherwise
      improved  and  in the process thereof a town shall have acquired from an
      adjacent  owner  certain  lands  necessary  for  said  right-of-way   by
      purchase,  condemnation  or as a gift and where under such circumstances
      either the grantor of said new right-of-way shall own  the  property  on
      both  sides thereof for the full length of the new taking or the consent
      in writing of any and all other owners within such area  be  given,  and
      there  shall  be  sections  of  the  old  road as it existed before said
      improvement which are of no further use for  highway  purposes  to  said
      town,  the  town board of said town in which said land is situated, upon
      the recommendation of the town superintendent of highways, may  adopt  a
      resolution,  with  the consent of the county superintendent of highways,
      to abandon to the abutting owner or owners such sections or parts of the
      old road as it existed before said improvement which are of  no  further
      use  for  highway  purposes,  providing  the road after such abandonment
      shall be not less than three rods in width, and the supervisor  of  said
      town  is hereby authorized to execute and acknowledge in the name of the
      town and affix the seal of the town to a quit-claim deed or deeds of the
      land so abandoned and to deliver the  same  to  the  abutting  owner  or
      owners  for such consideration and upon such terms and conditions as the
      town board of the said town shall deem proper.
        The adoption of the hereinbefore  mentioned  resolution  by  the  town
      board  shall  be  an immediate abandonment and discontinuance of the use
      for highway and street purposes of said sections or  parts  of  the  old
      road   described  in  said  resolution  without  any  further  or  other
      proceedings.