234 - Public Authority, Public Benefit Corporation, Commission, County, Town, City or Village Bridges.

NY Hwy L § 234 (2019) (N/A)
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(b) The county superintendent, with the approval of the chairman of the board of supervisors and the county judge, may agree with such owner or owners upon the amount of consideration for such releases in a gross sum not to exceed five thousand dollars. An order of the county superintendent as herein provided shall be final. The amount agreed upon to be paid to such owners for such releases and the cost of the removal of such useless bridge and/or the cost for the erection of obstructions or barricades shall be a county charge and may by resolution of the board of supervisors be paid from any funds of the county that may be legally used for such purpose or may be raised, in whole or in part, pursuant to the local finance law. Whenever the money to be paid for such releases is available the county treasurer shall pay to the said owners executing said releases the amounts agreed upon to be paid to them for said releases upon the requisition of the county superintendent.

(c) It shall be the duty of the county superintendent upon the making of an order of abandonment to file the same in the office of the clerk of the board of supervisors and to file copies thereof certified by the clerk of the board of supervisors in the town clerk's office of the town or towns in which such useless bridge or part thereof is situated, and he shall send two such certified copies of said order to the department of transportation. Upon the filing of said order it shall be the duty of the county superintendent to erect at and across each end of such useless bridge a suitable substantial barricade or obstruction to close such bridge and for the prevention of further use thereof and passage thereon or thereto and there shall be installed suitable signs, the type and manner of placement of which shall conform to the New York State manual of uniform traffic control devices. If such bridge is taken down, the county superintendent shall place like obstructions or barricades at the ends of the portions of the highway at the places where the highway joined such bridge. The county superintendent shall also erect suitable signs at lateral intersecting highways which in his judgment afford most convenient detours to another bridge or bridges to be used by the traveling public instead of such abandoned bridge. The cost of such signs, their erection and maintenance shall be paid for in the manner provided for the payment of the barricades and obstructions as aforesaid. 12. Upon the written recommendation of the county superintendent that any bridge having a span of twenty-five feet or over, which is on a county road or town highway, has become useless and not necessary for the public convenience and welfare, the board of supervisors, upon a finding by resolution of the town board as to any such bridge on a town highway, or upon a finding by resolution of such board of supervisors as to any such bridge on a county road, to promote the interests of the county, may, upon a resolution adopted by a majority of the members of such board, order and direct the county superintendent to abandon such bridge on a county road or town highway and to erect suitable barricades for closing such bridge and also signs in relation to such abandonment as are prescribed for the abandonment of a useless bridge in the last above preceding subdivision of this section. The clerk of the board of supervisors shall forthwith serve a certified copy of such resolution on the county superintendent and thereupon the county superintendent shall make, in duplicate, a written order of abandonment of such bridge and file one of them in his office and one of them in the office of the clerk of the board of supervisors, who shall forthwith make and certify copies of such resolution and of such order and file the same in the town clerk's office of the town or towns in which said useless bridge is situated and shall mail two certified copies of such resolution and of such order to the state department of transportation. Upon the county superintendent making and filing such order of abandonment, he shall forthwith permanently and substantially barricade such bridge to public highway uses and purposes, or remove the bridge and build sufficient permanent and substantial barricades across the road or highway at the points where entrance was made upon the bridge, and the cost and expense thereof shall be a county charge, to be paid by the county treasurer upon the order of the county superintendent. If the board of supervisors or the county superintendent, for and in behalf of the board, is unable to obtain releases from all damages, not exceeding the amounts prescribed in the last preceding subdivision of this section, from owners of the land adjacent to the section of the road or highway upon which such abandoned bridge is located, lying between such bridge and intersecting roads or highways, such owners of lands shall be entitled to recover from the county the damages resulting from the abandonment of such bridge. Any such owner claiming damages from such abandonment of such bridge may, within ninety days after such bridge has been barricaded against or removed from the public use, apply to the supreme court at a special term thereof to be held in the judicial district in which the county is located for the appointment of three commissioners of appraisal to determine and assess the damages to which he is entitled to be paid by the county. Notice of application must be served upon the chairman of the board of supervisors at least ten days before the hearing thereof. The commissioners of appraisal shall be taxpayers of such county but shall not reside in the town in which such abandoned bridge is or was situated. All proceedings subsequent to the appointment of commissioners of appraisal shall be taken in accordance with the provisions of the condemnation law so far as applicable. The commissioners of appraisal, appointed as herein provided, for each day necessarily employed as such shall each be entitled to fifteen dollars and his necessary expenses, which shall be a county charge to be audited by the board of supervisors or a committee thereof and paid by the county treasurer upon the order of the board by its chairman. If such bridge is over the county boundary line between two counties, the aforesaid abandonment proceedings, steps and measures may be taken in, for and by the respective counties for the abandonment of such useless bridge, and the cost and expense thereof shall be at the joint cost and expense of such counties, excepting, however, that each county shall severally pay the cost of obtaining releases for damages or the damages determined and assessed by the commissioners of appraisal in connection with the lands in each county affected as herein specified. 12-a. Upon the recommendation of the county superintendent that any bridge having a span of twenty-five feet or over which is on a town highway outside of a city, and which is not on the improved state system of highways, or any such bridge which is under the supervision of the town superintendent of highways, located within an incorporated village, and which has been condemned by the county superintendent of highways under the provisions of subdivisions one and two of this section, and which has not been taken over by the county under the official order of the county superintendent of highways pursuant to subdivision six of this section, has become useless and not necessary for the public convenience and welfare, the board of supervisors, to promote the interest of the county may, upon a resolution adopted by a majority of the members of such board, order and direct the county superintendent to abandon such bridge on a town highway or any such bridge which is under the supervision of the town superintendent of highways located within an incorporated village, and to erect suitable barricades for closing such bridge, and also signs in relation to such abandonment, as are prescribed for the abandonment of a useless bridge in subdivision eleven above. The clerk of the board of supervisors shall forthwith serve a certified copy of such resolution on the county superintendent and thereupon the county superintendent shall make, in duplicate, a written order of abandonment of such bridge pursuant to the provisions of this subdivision and file one of them in his office and one of them in the office of the clerk of the board of supervisors, who shall forthwith make and certify copies of such resolution and of such order and file the same in the town clerk's office of the town or towns in which said useless bridge is situated and shall mail two certified copies of such resolution and of such order to the state department of transportation. Upon the county superintendent making and filing such order of abandonment, he shall forthwith permanently and substantially barricade such bridge to public highway uses and purposes, or remove the bridge and build sufficient permanent or substantial barricades across the road or highway at the points where entrance was made upon the bridge, and the cost and expense thereof shall be a county charge, to be paid by the county treasurer, upon the order of the county superintendent. If the board of supervisors or the county superintendent, for and in behalf of the board is unable to obtain releases from all damages not exceeding the amounts prescribed in subdivision eleven of this section, from owners of the land adjacent to the section of the road or highway upon which such abandoned bridge is located, lying between such bridge and intersecting roads or highways, such owners of lands shall be entitled to recover from the county the damages resulting from the abandonment of such bridge. Any such owner claiming damages from such abandonment of such bridge may, within ninety days after the filing of the order of abandonment authorized by this subdivision in such town clerk's office, apply to the supreme court at a special term thereof, to be held in the judicial district in which the county is located, for the appointment of three commissioners of appraisal to determine and assess the damages to which he is entitled to be paid by the county. Notice of application must be served upon the chairman of the board of supervisors at least ten days before the hearing thereof. If, within said period of ninety days such owner does not so apply to the supreme court for the appointment of commissioners of appraisal to assess said damages, then the board of supervisors may so apply to the supreme court at a special term thereof, to be held in the judicial district in which the county is located, for the appointment of three commissioners of appraisal to determine and assess the damages to which said owner or owners are entitled to be paid by the county. Notice of such appointment must be served upon said owner or owners at least ten days before the hearing thereof. The commissioners of appraisal shall be taxpayers of such county, but shall not reside in the town in which such abandoned bridge is or was situated. All proceedings subsequent to the appointment of commissioners of appraisal shall be taken in accordance with the provisions of the condemnation law, so far as applicable. The commissioners of appraisal, appointed as herein provided, for each day necessarily employed as such, shall be entitled to fifteen dollars and his necessary expenses, which shall be a county charge, to be audited by the board of supervisors and paid by the county treasurer after audit thereof. 13. Notwithstanding the provisions in this section or elsewhere in this chapter, the board of supervisors of Genesee county, Wyoming county and/or Sullivan county, at any time, upon recommendation of the county superintendent, may take over any bridge having a span of five feet or over which is on a town highway or any town bridge over five feet long located within a village, although such bridge may not have been condemned, for the purpose of maintaining and preserving the same under the supervision of the county superintendent. Upon the adoption of such resolution, the procedure thereafter shall conform to the provisions of this section relating to bridges on town highways and town bridges in villages having a span of twenty-five feet or over and the bridges taken over as herein provided thereafter shall be under the direct supervision of the county superintendent of highways and the cost of maintenance thereof shall be paid from county funds appropriated for the maintenance of bridges. 14. Notwithstanding any other provision of law, a county may contribute funds to a city, town or village towards its fifteen per centum share of the cost of reconstructing a railroad bridge as required by subdivision three of section ninety-four of the railroad law whether or not the road, of which the bridge is a part, is under the jurisdiction of a city, village, town or county and regardless of who performs the work. 15. In the county of Washington, the provisions of this section otherwise applicable to bridges having a span of twenty-five feet or more shall apply to bridges having a span of twenty feet or more. 16. In the county of Delaware, the provisions of this section otherwise applicable to bridges having a span of twenty-five feet or more shall apply to bridges having a span of twenty feet or more and the deck or wearing surface of such bridges shall be the responsibility of such county. 17. Notwithstanding any other provision of law, the board of supervisors of Saratoga county, upon the recommendation of the county superintendent, may, at any time, by resolution, take over any bridge having a span of twenty-five feet or over which is on a village highway or any village bridge, over twenty-five feet long located within an incorporated village, although such bridge may not have been condemned, for the purpose of maintaining and preserving the same under the supervision of the county superintendent. Upon the adoption of such a resolution the clerk of the board of supervisors shall mail a certified copy of the resolution to the county superintendent, the county treasurer and the mayor of the village within which such bridge is located, which copy shall be filed by each of said officers in his office. Such resolution shall also appropriate and make immediately available to the order of the county superintendent from county funds, such sum as may be deemed necessary for the preservation or maintenance of such bridges, and it shall be the duty of the board of supervisors to appropriate and make available to the order of the county superintendent from time to time from county funds such sums as may become necessary for the preservation and maintenance of such bridges. Any bridge taken over by the county pursuant to this section shall be under the direct supervision of the county superintendent of highways and if a bridge is a draw-bridge or of a nature that requires the services of an operator or attendant, such operator or attendant shall be employed by the county superintendent of highways and paid out of county funds appropriated for the maintenance of bridges.