State Codes and Statutes

Statutes > New-york > Hay > Article-6 > 131-e

§  131-e.  Bridges  over county lines. The board shall provide for the  care, maintenance, preservation and repair of any draw or  other  bridge  intersecting  the boundary line of counties or towns, which bridge is by  law a joint charge on such counties or towns, or on the towns  in  which  it  is  situated;  and to severally apportion, as it may deem equitable,  the expenses thereof on the towns respectively liable  therefor,  or  on  the respective counties when liable; but when such bridge shall span any  portion  of  the  navigable  tide-waters  of this state, forming, at the  point of crossing, the boundary line between two counties, such  expense  shall  be  a  joint  and equal charge upon the two counties in which the  bridge is situated, and  the  board  of  supervisors  in  each  of  such  counties shall apportion such expense among the several towns and cities  in  their  respective  counties, or upon any or either of such towns and  cities, as in their judgment may seem proper; and if there be in  either  of  said  counties,  a city, the boundaries of which are the same as the  boundaries of the county, then it  shall  be  the  duty  of  the  common  council of such city, to perform the duty hereby imposed upon the boards  of  supervisors;  but  no  town or city not immediately adjacent to such  waters at the points spanned by said bridge shall be liable for a larger  proportion of such expense than the taxable property  of  such  town  or  city  bears  to the whole amount of taxable property of such county. The  board of supervisors of such counties or,  in  any  city  embracing  the  entire  county  and  having no board of supervisors, the common council,  shall have full control  of  such  bridges.  No  such  bridge  shall  be  constructed  unless  the  board of supervisors in each of such counties,  and the common council of the city whose boundaries are the same as  the  boundary  of  the  other  county adjacent to such waters, shall first by  resolution  determine  that  such  bridge  is   necessary   for   public  convenience.  Whenever  any  bridge  now  spanning  any  such  navigable  tide-waters or hereafter erected across any such navigable  tide-waters,  shall be condemned by the United States authorities as an obstruction to  navigation,   and   shall  be  ordered  removed,  the  county  and  city  authorities having charge of such bridge, if they shall  determine  that  such  bridge  shall be rebuilt, shall, as soon as practicable after such  determination, cause plans to be prepared for the erection  of  the  new  bridge  and  the  removal  of  any bridge so condemned as aforesaid, and  within a reasonable time after the approval of any  such  plans  by  the  United  States  authorities,  the proper officers shall proceed with the  construction of said new bridge.  In case of any unreasonable  delay  on  the   part  of  the  officer  or  officers  charged  with  the  duty  of  construction of such new bridge, such duty may be enforced  by  mandamus  upon the application of any citizen interested in its performance.

State Codes and Statutes

Statutes > New-york > Hay > Article-6 > 131-e

§  131-e.  Bridges  over county lines. The board shall provide for the  care, maintenance, preservation and repair of any draw or  other  bridge  intersecting  the boundary line of counties or towns, which bridge is by  law a joint charge on such counties or towns, or on the towns  in  which  it  is  situated;  and to severally apportion, as it may deem equitable,  the expenses thereof on the towns respectively liable  therefor,  or  on  the respective counties when liable; but when such bridge shall span any  portion  of  the  navigable  tide-waters  of this state, forming, at the  point of crossing, the boundary line between two counties, such  expense  shall  be  a  joint  and equal charge upon the two counties in which the  bridge is situated, and  the  board  of  supervisors  in  each  of  such  counties shall apportion such expense among the several towns and cities  in  their  respective  counties, or upon any or either of such towns and  cities, as in their judgment may seem proper; and if there be in  either  of  said  counties,  a city, the boundaries of which are the same as the  boundaries of the county, then it  shall  be  the  duty  of  the  common  council of such city, to perform the duty hereby imposed upon the boards  of  supervisors;  but  no  town or city not immediately adjacent to such  waters at the points spanned by said bridge shall be liable for a larger  proportion of such expense than the taxable property  of  such  town  or  city  bears  to the whole amount of taxable property of such county. The  board of supervisors of such counties or,  in  any  city  embracing  the  entire  county  and  having no board of supervisors, the common council,  shall have full control  of  such  bridges.  No  such  bridge  shall  be  constructed  unless  the  board of supervisors in each of such counties,  and the common council of the city whose boundaries are the same as  the  boundary  of  the  other  county adjacent to such waters, shall first by  resolution  determine  that  such  bridge  is   necessary   for   public  convenience.  Whenever  any  bridge  now  spanning  any  such  navigable  tide-waters or hereafter erected across any such navigable  tide-waters,  shall be condemned by the United States authorities as an obstruction to  navigation,   and   shall  be  ordered  removed,  the  county  and  city  authorities having charge of such bridge, if they shall  determine  that  such  bridge  shall be rebuilt, shall, as soon as practicable after such  determination, cause plans to be prepared for the erection  of  the  new  bridge  and  the  removal  of  any bridge so condemned as aforesaid, and  within a reasonable time after the approval of any  such  plans  by  the  United  States  authorities,  the proper officers shall proceed with the  construction of said new bridge.  In case of any unreasonable  delay  on  the   part  of  the  officer  or  officers  charged  with  the  duty  of  construction of such new bridge, such duty may be enforced  by  mandamus  upon the application of any citizen interested in its performance.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-6 > 131-e

§  131-e.  Bridges  over county lines. The board shall provide for the  care, maintenance, preservation and repair of any draw or  other  bridge  intersecting  the boundary line of counties or towns, which bridge is by  law a joint charge on such counties or towns, or on the towns  in  which  it  is  situated;  and to severally apportion, as it may deem equitable,  the expenses thereof on the towns respectively liable  therefor,  or  on  the respective counties when liable; but when such bridge shall span any  portion  of  the  navigable  tide-waters  of this state, forming, at the  point of crossing, the boundary line between two counties, such  expense  shall  be  a  joint  and equal charge upon the two counties in which the  bridge is situated, and  the  board  of  supervisors  in  each  of  such  counties shall apportion such expense among the several towns and cities  in  their  respective  counties, or upon any or either of such towns and  cities, as in their judgment may seem proper; and if there be in  either  of  said  counties,  a city, the boundaries of which are the same as the  boundaries of the county, then it  shall  be  the  duty  of  the  common  council of such city, to perform the duty hereby imposed upon the boards  of  supervisors;  but  no  town or city not immediately adjacent to such  waters at the points spanned by said bridge shall be liable for a larger  proportion of such expense than the taxable property  of  such  town  or  city  bears  to the whole amount of taxable property of such county. The  board of supervisors of such counties or,  in  any  city  embracing  the  entire  county  and  having no board of supervisors, the common council,  shall have full control  of  such  bridges.  No  such  bridge  shall  be  constructed  unless  the  board of supervisors in each of such counties,  and the common council of the city whose boundaries are the same as  the  boundary  of  the  other  county adjacent to such waters, shall first by  resolution  determine  that  such  bridge  is   necessary   for   public  convenience.  Whenever  any  bridge  now  spanning  any  such  navigable  tide-waters or hereafter erected across any such navigable  tide-waters,  shall be condemned by the United States authorities as an obstruction to  navigation,   and   shall  be  ordered  removed,  the  county  and  city  authorities having charge of such bridge, if they shall  determine  that  such  bridge  shall be rebuilt, shall, as soon as practicable after such  determination, cause plans to be prepared for the erection  of  the  new  bridge  and  the  removal  of  any bridge so condemned as aforesaid, and  within a reasonable time after the approval of any  such  plans  by  the  United  States  authorities,  the proper officers shall proceed with the  construction of said new bridge.  In case of any unreasonable  delay  on  the   part  of  the  officer  or  officers  charged  with  the  duty  of  construction of such new bridge, such duty may be enforced  by  mandamus  upon the application of any citizen interested in its performance.