Bill Text: NY A01101 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the highway law, in relation to access roads to state forest preserve lands or lands under the jurisdiction of the environmental conservation department

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A01101 Detail]

Download: New_York-2009-A01101-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1101
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A. SAYWARD, DUPREY, BACALLES, FINCH, SCOZZAFAVA,
         ERRIGO, GIGLIO -- Multi-Sponsored by -- M. of A. CROUCH,  TOWNSEND  --
         read once and referred to the Committee on Transportation
       AN  ACT  to  amend the highway law, in relation to access roads to state
         forest preserve lands or lands under the jurisdiction of the  environ-
         mental conservation department
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 205-b of the highway law, as added by  chapter  203
    2  of  the  laws of 1976, the opening paragraph of subdivision 1 as amended
    3  by chapter 121 of the laws of 1985, is amended to read as follows:
    4    S 205-b. Qualified abandonment of certain town highways.  1.  Abandon-
    5  ment  of  town  highways which are access roads to state forest preserve
    6  lands or lands now owned or hereafter acquired by  the  state  and  held
    7  under  the  jurisdiction of the department of environmental conservation
    8  shall be qualifiedly abandoned in the following manner  and  shall  have
    9  the following effect:
   10    a.  upon  written  notice to the department of environmental conserva-
   11  tion, the town shall follow the procedure provided  for  in  subdivision
   12  two of section two hundred five of this [chapter] ARTICLE;
   13    b.  the  resolution  of abandonment shall provide that even though the
   14  responsibility of maintenance of the road by the town shall cease, there
   15  shall remain a public easement over such road in perpetuity;
   16    c. the department of environmental conservation shall have  the  right
   17  to maintain such road if it so desires;
   18    d.  no  one,  including  the  owner  of  adjoining land, may fence any
   19  portion of such road, with or without gates;
   20    e. the town, at any time, shall have the right to resume  jurisdiction
   21  over such road for any purpose;
   22    f. the title to such road shall remain with the town.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03427-01-9
       A. 1101                             2
    1    2.  [For  the  purposes  of this section, access roads to state forest
    2  preserve lands or lands under  the  jurisdiction  of  the  environmental
    3  conservation  department  shall  mean roads which are the only practical
    4  means of ingress or egress to such state lands.
    5    3.]  In  no event shall the provisions of this section be construed so
    6  as to require the maintenance or abandonment of roads within  the  state
    7  forest  preserve  lands  or lands now owned or hereafter acquired by the
    8  state.
    9    S 2. This act shall take effect immediately.