Opn. No.

Peter Feldstein, Esq. Town Attorney, Northhampton

You have asked two questions regarding the widening of a portion of a road in the Town of Northampton, Fulton County.

1) May a private road, used by the public since 1948 and maintained by the Town since that time, be declared a highway by use under section 189 of the Highway Law and widened at one point to a width of 20 feet?

2) What are the legal responsibilities of the town and county with regard to the widening of the road?

Highway Law, § 189 states that "[A]ll lands which shall have been used by the public as a highway for the period of ten…