Legal Opinion

Opn. No.

New York Attorney General Reports

Decided November 3, 1977Published

1Opinion of the Court

HUGH C. HUMPHREYS, ESQ. Attorney for the Towns of Eaton, Georgetown and Lebanon

We acknowledge receipt of your letter requesting an interpretation and construction of Highway Law §§ 205 and 205-b which relate to abandonment and qualified abandonment of town highways. You inquire what the duties of the town and adjoining landowners are, if any, in relation to a qualifiedly abandoned highway if the highway begins to be used again as a highway or if an owner of contiguous land builds a house along such a highway. You also inquire about the financial burden if, after a qualified abandonment is…

2Cases cited2 opinions

  1. Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
  2. Kruse v. Town of AshfordNew York Supreme Court · 1940

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