Judges: James D. Cole, Assistant Attorney General
Filed Date: 9/2/1992
Status: Precedential
Modified Date: 7/5/2016
Requestor: Robert J. Allan, Esq., Village Attorney Village of Camillus 56 Main Street Camillus, N.Y. 13031
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have requested that we construe various provisions of the Highway Law and Village Law regarding the responsibility for maintenance of a bridge located on a road within the village which was abandoned by the State of New York when it replaced a portion of a State highway.
You have indicated the facts as follows:
"For more than one hundred years one of the main east west thoroughfares through Onondaga County was New York State Route 5 also known in this area as Genesee Street. While it was a State road the State constructed a bridge over Nine Mile Creek. The bridge is wholly within the Village of Camillus and was and still is a very heavily traveled route not only for Village residents but also for Town and County residents. In 1977, a portion of State Route 5 was relocated effectively bypassing the Village of Camillus. When the new highway was constructed and dedicated, the State maintenance of the old portion of the highway (which ran through the Village of Camillus and included the bridge in question) was discontinued by Official Order of the Commissioner of Transportation. That action was done apparently pursuant to Highway Law Section 62."
You have indicated that the bridge is now in need of substantial repairs. The village maintains that under Village Law §§ 604 and 606, the maintenance of the bridge is the responsibility of the town in that the village never passed a resolution assuming responsibility for it. The town maintains that under section
Under section
Section
Under section 62, if the section of highway was at the time of its improvement by the State on a town highway or a county road, after abandonment by the State the portion along with bridges and culverts, located outside of an incorporated village, is to be maintained by the town or county, respectively. If the section of highway is not located within an incorporated village and at the time of its improvement by the State was not on a town highway or road, subsequent to abandonment it is to be maintained by the county. Alternatively, the Commissioner of the State Department of Transportation, with the approval of the Director of the Budget, may continue to maintain that section of highway.
While section 6-604 is a general provision dealing with responsibility for maintenance of public bridges, section
We conclude that upon the abandonment of a portion of a State highway under section
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.