Opn. No.

Requestor: Eric J. Dickson, Esq., Town Attorney Town of Niskayuna 1335 Balltown Road Niskayuna, New York 12309

Written by: Patrick Barnett-Mulligan, Assistant Attorney General

This is in response to your request for an Attorney General's opinion as to whether an underground lawn sprinkling system which lies within a town road constitutes an obstruction under section 319 of the Highway Law.

You have informed us that in the Town of Niskayuna, the town owns in fee the land over which the town highways run. In many instances, the parcel owned by the town is somewhat wider than the actual roadbed. In…