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This entry was published on 2014-09-22
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SECTION 212-A
Abandoning of parts of town highways
Highway (HAY) CHAPTER 25, ARTICLE 8
§ 212-a. Abandoning of parts of town highways. 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.