NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3135
SPONSOR: Simpson TITLE OF BILL:
An act to repeal sections of the highway law, relating to private roads
PURPOSE OR GENERAL IDEA OF BILL:
To eliminate this antiquated law as there are other mechanisms in place
to address this issue
SUMMARY OF PROVISIONS:
Section 1. Sections 300, 301, 302,.303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 314 and 315 of the highway law are repealed
JUSTIFICATION:
Highway Law 300 pertains to applications for a private road and is an
antiquated law that has not been revisited since its initial enactment
in 1936. In short, it provides for a quasi-judicial procedure led by the
local highway superintendent, during which a "jury" of citizens deter-
mines whether such private road is necessary. Currently, nearly all
applications for private roads are appropriately submitted to the local
zoning authority. This bill simply eliminates an outdated and antiquated
statute that only serves to over complicate and/or subvert the appropri-
ate method for such applications.
PRIOR LEGISLATIVE HISTORY:
2023-2024: S501 referred to Transportation; A3095 referred to Transpor-
tation
2022/2021: S5521 referred to Transportation; A4972 referred to Transpor-
tation
2020/2019: S8595 referred to Rules; A10200 referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No cost to state or local governments; potential cost savings to munici-
palities by eliminating the potential for an individual requesting an
outmoded quasi-judicial procedure as opposed to submitting applications
to the local zoning authority.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3135
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. SIMPSON, BENDETT -- read once and referred to the
Committee on Transportation
AN ACT to repeal sections of the highway law, relating to private roads
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 300, 301, 302, 303, 304, 305, 306, 307, 308, 309,
2 310, 311, 312, 313, 314, and 315 of the highway law are REPEALED.
3 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03740-01-5
