New York Consolidated Law|SECTION 205

                                                

  § 205. Highways abandoned. 1. Every highway that shall not have been
opened and worked within six years from the time it shall have been
dedicated to the use of the public, or laid out, shall cease to be a
highway; but the period during which any action or proceeding shall have
been, or shall be pending in regard to any such highway, shall form no
part of such six years; and every highway that shall not have been
traveled or used as a highway for six years, shall cease to be a
highway, and every public right of way that shall not have been used for
said period shall be deemed abandoned as a right-of-way. The town
superintendent with the written consent of a majority of the town board
shall file, and cause to be recorded in the town clerk's office of the
town a written description, signed by him, and by said town board of
each highway and public right-of-way so abandoned, and the same shall
thereupon be discontinued.

2. There may also be a qualified abandonment of a highway under the
following conditions and for the following purposes, to wit: Where it
appears to the town superintendent and said town board, at any time,
that a highway has not become wholly disused as aforesaid, but that it
has not for two years next previous thereto, been usually traveled along
the greater part thereof, by more than two vehicles daily, in addition
to pedestrians and persons on horseback, and it shall also appear to the
superintendent of highways of the county in which such town is situate
that a qualified abandonment of such highway is proper and will not
cause injustice or hardship to the owner or occupant of any lands
adjoining such highway after such superintendent shall have held a
public hearing thereon upon giving at least twenty days' written notice
to such owners and occupants of such lands of the time and place of such
hearing, they shall file and cause to be recorded in the town clerk's
office a certificate containing a description of that portion of the
highway partly disused as aforesaid and declaring a qualified
abandonment thereof. The effect of such qualified abandonment, with
respect to the portion of said highway described in the certificate,
shall be as follows: It shall no longer be worked at the public expense;
it shall not cease to be a highway for purposes of the public easement,
by reason of such suspension of work thereon; no persons shall impair
its use as a highway nor obstruct it, except as hereinafter provided,
but no persons shall be required to keep any part of it in repair;
wherever an owner or lessee of adjoining lands has the right to
possession of other lands wholly or partly on the directly opposite side
of the highway therefrom, he may construct and maintain across said
highway a fence at each end of the area of highway which adjoins both of
said opposite pieces of land, provided that each said cross fence must
have a gate in the middle thereof at least ten feet in length, which
gate must at all times be kept unlocked and supplied with a sufficient
hasp or latch for keeping the same closed; all persons owning or using
opposite lands, connected by such gates and fences, may use the portion
of highway thus enclosed for pasturage; any traveler or other person who
intentionally, or by wilful neglect, leaves such gate unlatched, shall
be guilty of a misdemeanor, and the fact of leaving it unlatched shall
be prima facie evidence of such intent or wilful neglect. Excepting as
herein abrogated, all other general laws relating to highways shall
apply to such partially abandoned highway. This section shall not apply
to highways less than two rods in width unless it shall appear to the
town superintendent at any time that such a highway has not, during the
months of June to September inclusive of the two years next previous
thereto, been usually traveled along the greater part thereof by more
than ten pedestrians daily.

Any action or proceeding involving the abandonment or qualified
abandonment of a highway made pursuant to this section must, in the case
of abandonment, be commenced within one year from the date of filing by
the town superintendent as provided in subdivision one of this section.