NYCL AGO 95-1.

• Case Date: January 24, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-1. January 24, 1995Informal Opinion No. 95-1Louis E. Wolfe, Esq. County Attorney County of Clinton 10 Healy Avenue Plattsburgh, NY 12401HIGHWAY LAW §§ 115, 115-b, 115-c, 130, 234.A county may provide for the reversion of a bridge, which is part of the county road system, to a town in accordance with the procedures set forth in Highway Law §§ 115-b and 115-c.Dear Mr. Wolfe: You advise that several years ago Clinton County (the "County") took over from the Town of Mooers (the "Town") a bridge having a span greater than twenty-five feet. The bridge is located on a Town road. You inquire whether the County may transfer jurisdiction of the bridge back to the Town, and, if so, by what mechanism. In a telephone conversation, your county superintendent of highways has advised the County obtained jurisdiction of the bridge by a resolution the County adopted in the 1940s, whereby the County agreed to maintain and repair all town bridges within the County. He advises that the County has closed and barricaded the bridge, but has not abandoned the bridge pursuant to the provisions of Highway Law § 234 (hereafter "HL"; see, generally, 1986 Op Atty Gen [Inf] 135). He advises further that the bridge does not appear on the County's map of the county road system, prepared pursuant to the provisions of HL § 115. Because the bridge does not appear on the county road system map, the bridge is not a part of the county road system. However, we have not identified any provision of law which prohibits the County from amending the county road system map to include the bridge. Highway Law § 115 provides for such an amendment as follows:

"Amendments to such map may from time to time be made by such county superintendent and if approved by such board of supervisors and the commissioner of transportation shall be filed in the office of the county clerk and county superintendent."

Were the County to amend the county road system map to include the bridge, the provisions of HL §§ 130, 115-b and 115-c would apply. Highway Law...