N.Y. Environmental Conservation Law § 16-0117: Use of lands acquired for other purposes for flood control; transfer by commissioner; dual purpose use

§ 16-0117. Use of lands acquired for other purposes for flood control;

transfer by commissioner; dual purpose use.

Notwithstanding any other provisions of this act or any other law, the

commissioner is authorized to use either exclusively for, or in

conjunction with, flood control purposes any property under his

jurisdiction acquired for other public purposes. Transfer of such use

shall be effected by an official order of the commissioner to be filed

in the offices of the department and of the department of state,

accompanied by a description and map of such property. When the use is

to be exclusively for flood control purposes then upon such filing of

the description, map and official order of tranfer of use, the property

shall be used and maintained for flood control purposes and be governed

as though the said property was acquired pursuant to the provisions of

this article for flood control purposes. When dual use is to be made of

such property for flood control purposes and other public purposes by

the state, the official order of transfer shall so certify, and upon

such filing of the description, map and official order of transfer, the

property shall be used and maintained for such dual purposes, and is, in

the discretion of the commissioner, to be governed either by this

article or the act under which jurisdiction was acquired by the

commissioner or both. When grade crossing elimination property is

involved, the official order of transfer shall also be approved by the

commissioner of transportation.