The commissioner of transportation may inspect all roads and highways which have been constructed or improved under any general or special law by the county, town or village which are indicated for improvement in section three hundred and forty-one of this act, and if any such road is properly constructed he shall make an order directing that such highway be taken over by the state for maintenance as a state highway. Such order shall be served upon the chairman of the board of supervisors and a certified copy thereof filed in the office of the county clerk and also in the office of the state comptroller.
New York Legal Code