N.Y. Public Lands Law § 34-b: Acquisition of air space and air and subsurface rights

§ 34-b. Acquisition of air space and air and subsurface rights. 1.

Notwithstanding any other provision of law to the contrary, the

governing board of a municipal corporation as defined in the general

municipal law in which land or real property had previously been

acquired by the state or any of its duly constituted agencies for an

appropriate public use may apply to the commissioner of general services

in the executive department for conveyance to it of a grant, release,

quitclaim or other appropriate instrument of all the right, title and

interest of the state of New York in and to the air space and air and

subsurface rights, easements therein and lands adjacent thereto which

had been appropriated or otherwise acquired by the state within such

municipality. The granting of any such application shall be in the

discretion of the commissioner and the head of the department or agency

having jurisdiction over the property and subject to their determination

that such conveyance would be compatible with the existing state needs

and uses of the property in question and upon such reasonable

consideration, terms and conditions as the commissioner may determine.

No such conveyance shall be leased or utilized for private or municipal

utility services. No conveyance shall be permitted with respect to

existing or proposed state parkways.

2. The commissioner of general services shall include as a part of

such conveyance such terms and conditions as he may reasonably deem to

be appropriate with respect to the form, manner and provisions under

which the municipality may dispose of said air space and air and

subsurface rights and adjacent areas in conformity with provisions of

the general municipal law.

3. The development of any property interest by the lessee or developer

of said air space and air and subsurface rights and adjacent areas from

the municipality shall be subject to the zoning regulations, ordinances

and planning requirements of the municipality in which said property is

located and to the support, protection or relocation of any public

utility facilities within the right of way of any highways within said

property at the sole cost of the municipality, lessee or developer. No

such development shall deprive an abutting landowner of his right of

access.

4. The terms of the conveyance to the municipal corporation shall be

determined by the commissioner of general services with the approval of

the director of the budget as to the adequacy of the consideration

therefor and shall be submitted to the commissioner of the agency having

jurisdiction over the property involved for his consideration and

approval. Each such instrument of conveyance shall be prepared by the

commissioner of general services and prior to delivery of possession of

the subject property rights in the air, air space, subsurface rights,

easements therein and lands adjacent thereto shall be approved by the

attorney general as to form and manner of execution.

5. The commissioner of general services shall promulgate reasonable

rules and regulations after consultation with the commissioner of

transportation and the commissioners or heads of any other affected

state agencies strictly consistent with the purposes of and designed to

carry out the provisions of this section.