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CHAPTER 333

AN ACT to amend the highway law, in relation to bridges on Indian

reservations.

$ 157

Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and fifty-seven of chapter thirty L. 1909,

ch. 30, of the laws of nineteen hundred and nine, entitled An act relating to highways, constituting chapter twenty-five of the consoli- amended, dated laws,” is hereby amended to read as follows:

§ 157. Highways and bridges on Indian reservations. When any portion of a county highway designated for improvement or construction in a county, as provided in this article, is located on an Indian reservation, the entire cost of the improvement or construction of such portion shall be paid by the state in the same manner as the state's share of the cost of such county highway, out of any specific appropriation made available for the construction or improvement of county highways. The commission shall have exclusive supervision and control of all bridges constructed or to be constructed by the state on any Indian reservation, and may make and enforce such reasonable rules and regulations concerning their use, as it shall deem necessary. All bridges located on highways within the bounds of an Indian reservation shall be deemed a part of the highway and be constructed and maintained under the direct supervision and control of the commissioner. The cost of such maintenance and construction shall be paid by the state out of any moneys appropriated for the maintenance and construction of highways on such reservation.

§ 2. Section one hundred and fifty-nine of such chapter, as 159 added by chapter forty-six of the laws of nineteen hundred and ten and last amended by chapter four hundred and sixty of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 159. Custody of moneys, et cetera. There shall be paid by the state treasurer to the county treasurer of each county in the state containing an Indian reservation, reservations, or major portion of an Indian reservation, an amount which shall not be less than thirty dollars per mile, based on the entire mileage of the public highways within the Indian reservation in such county. All moneys of the state available for the improvement, repair and maintenance of highways and for the purchase of machinery, tools and implements within Indian reservations shall be paid to the county treasurer of each county containing such Indian reservation or major portion thereof, who shall be the cus

1 Remainder of section new.
3 Previously amended by L. 1911, ch. 646; L. 1913, ch. 474.
8 Words“ and bridges

is omitted.

amended.

todian thereof and accountable therefor, and it shall be expended for the repair and improvement of the public highways and for the purchase of machinery, tools and implements within such Indian reservations at such places and in such manner as may be directed by the commissioner. The maintenance, repair and construction of the public highways within the Indian reservation shall be under the direct supervision and control of the commissioner and he shall be responsible therefor as herein provided. There shall be annually appropriated for the construction, repair and maintenance of such highways and for the purchase and repair of machinery, tools and implements, an amount sufficient to provide therefor, based upon the estimates prepared and submitted by the commission to the legislature. The comptroller upon requisition of the commission shall draw his warrant on the state treasurer in favor of the county treasurer who is the custodian of such funds as herein provided for an amount which shall not be in excess of the total amount apportioned by the commission to the Indian reservation of any county. The moneys so paid shall be deposited by said county treasurer to the credit of the fund for the maintenance. repair and construction of highways and the purchase and repair of machinery, tools and implements in the Indian reservation of said county.

§ 3. Such chapter is hereby amended by adding a new section, to be section two hundred and fifty-b, to read as follows:

§ 250-b. Bridges on Indian Reservations. All bridges located on highways within the bounds of an Indian reservation shall be deemed to be part of the highway and shall be maintained and constructed under the direct supervision and control of the commissioner and he shall be responsible therefor. The expense of such maintenance and construction shall be paid from moneys appropriated for the maintenance and construction of highways on such reservation.

§ 4. This act shall take effect immediately.

$ 250b added.

CHAPTER 334

AN ACT to amend the highway law, in relation to acquisition of certain toll

bridges at the expense of the state. Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly. do enact as follows:

Section 1. Subdivision one of section two hundred and sixtynine of chapter thirty of the laws of nineteen hundred and nine. entitled “An act relating to highways, constituting chapter twenty: five of the consolidated laws," as added by chapter five hundred and ninety-eight of the laws of nineteen hundred and seventeen,

3 Words “and bridges” omitted.

L. 1909,
ch. 30,
$ 269,
subd. 1
amended.

bridges in

cases.

and last amended by chapter two hundred and five of the laws of nineteen hundred and twenty-one, is hereby amended to read

as follows: ! 1. If a toll bridge for the traffic of vehicles and foot passengers Acquisition

constitutes a connecting link between two state routes as described bori toll in section one hundred and twenty of this chapter, or constitutes certain a part of a state route and is included in the description thereof, or constitutes a connecting link between improved state or county

highways or constitutes a connecting link between a county high· way heretofore improved and a county highway which is indi

cated for improvement on the map approved by chapter eighteen

of the laws of nineteen hundred and twenty-one, the board of super: visors of the county in which such bridge is situated, or if situated

in two counties the boards of supervisors of such counties concurprently, may, by resolution, petition the state commission of high

ways for the acquisition of such bridge by the state pursuant to this section. Within ten days after the passage of such resolution the clerk or clerks of the board or boards of supervisors shall transmit certified copies thereof to the state commission of highways together with an estimate of the probable cost of acquiring the same and any data in relation to the value thereof which the board or boards of supervisors may secure.

§ 2. This act shall take effect immediately.

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CHAPTER 335

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AN ACT to amend the highway law, in relation to sections left in state and

county highways for elimination and alteration of railroad crossings. Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and eighty-one of chapter thirty L. 1909, of the laws of nineteen hundred and nine, entitled “An act relat-ch, 30, ing to highways, constituting chapter twenty-five of the consoli- amended. dated laws, as added by chapter five hundred and sixty of the laws of nineteen hundred and twenty and amended by chapter four hundred and twenty-nine of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

§ 181. Improvement of alignment and of dangerous conditions on repair work. Whenever in the maintenance and repair of state and county highways under the provisions of article seven of this chapter, the commission shall have determined upon the necessity of a change in location for the improvement of alignment or of dangerous conditions on a limited section of such highway, and provided all necessary right of way shall have been acquired

1 Previously amended by L. 1920, ch. 246.

2 Words“ or constitutes a connecting link between improved state or county highways,” new.

in accordance with section one hundred and forty-eight of article six, the commission may proceed with such improvement. The cost thereof, exclusive of the cost of providing right of way, shall be paid from the funds which are provided by section one hundred and seventy-one of article seven. The commission shall cease to maintain the section of highway discontinued upon the completion of the substituted section. When the section of highway intended to be discontinued includes a gap left in the original improvement to provide for the elimination or alteration of a railroad crossing, such gap for the purposes of this chapter shall be deemed to be an improved highway the same as the balance of such section.

§ 2. This act shall take effect immediately.

CHAPTER 336

L. 1909, ch. 30,

148 amended.

AN ACT to amend the highway law, in relation to acquisition of lands for

right of way and other purposes. Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and forty-eight of chapter thirty of the laws of nineteen hundred and nine, entitled “An act relating to highways, constituting chapter twenty-five of the consolidated laws," as last amended by chapter four hundred and sixty of the laws of nineteen hundred and twenty-four,' is hereby amended to read as follows:

$ 148. Acquisition of lands for right of way and other purposes. If a state or county highway, proposed to be constructed or improved as provided in this article, or which shall have been heretofore constructed, or which it is proposed to repair or reconstruct as provided in article seven of this chapter, or in which it is proposed to change the course of a dangerous section thereof, shall deviate from the line of a highway already existing, the board of supervisors of the county where such highway is located, shall provide the requisite right of way prior to the advertisement for proposals. 2 The execution by the property owner of an option to purchase, or of a release or agreement giving the state the right to enter and occupy property for highway purposes shall be deemed to be a sufficient acquisition of right of way under this chapter, and upon the certification of the board of supervisors that the county has secured such options, releases or agreements from the reputed owners of all parcels right of way called for by the plans, the commissioner may proceed to advertise for proposals for the improvement. The board of supervisors shall also secure all necessary rights of way

1 Remainder of section new.
1 Previously amended by L. 1917, ch. 261; L. 1918, ch. 326.
2 Following sentence new.

for drains or ditches required to properly drain the highway either during construction or after completion thereof and may also acquire lands for the purpose of obtaining gravel, stone or other material, when required for the construction, reconstruction, improvement or maintenance of highways, or for spoil banks together with a right of way to such spoil banks and to any bed, pii, quarry or other place where such gravel, stone or other material may be located.

§ 2. This act shall take effect immediately.

CHAPTER 337
AN ACT to amend the highway law, in relation to the amount which may

be raised for the purchase or repairs of highway machinery. Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision three of section ninety-four of chapter L. 1909, thirty of the laws of nineteen hundred and nine, entitled "Anh: 30, act relating to highways, constituting chapter twenty-five of the subd. 3 consolidated laws," as last amended by chapter four hundred and six of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:

3. Not more than ten thousand dollars shall be levied Amount and collected in any town in Erie county and not more than three thousand dollars in any other town, in any one year, for the purchase or repair of stone crushers, steam rollers, motor trucks, scarifiers, concrete mixers, traction engines or road machines for grading and scraping, tools and implements, unless duly authorized by the vote of a town meeting.

§ 2. This act shall take effect immediately.

amended.

limited.

CHAPTER 338
AN ACT to amend the highway law, in relation to permits for widening state

and county highways.
Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and forty-six of chapter thirty L. 1909, of the laws of nineteen hundred and nine, entitled “An act relat- cm 30, ing to highways, constituting chapter twenty-five of the consoli- amended.

Previously amended by L. 1916, ch. 578; L. 1918, chs. 320, 329; L. 1919, ch. 376.

Sentence to here formerly read: “ Not more than three thousand dollars shall be levied and colected in any one year in any town.”

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