N.Y. Transportation Law § 14-e: Development of transportation corridors; multiple use outside the counties of Kings and Queens of right of way

§ 14-e. Development of transportation corridors; multiple use outside

the counties of Kings and Queens of right of way. The commissioner of

transportation shall have power to provide, with or without federal aid,

for surveys, studies and plans which include the negotiating for and

securing of reservation easements necessary to the development of the

corridor through which a transportation facility will pass, in order to

jointly direct such development in cooperation with the municipality or

municipalities in which such transportation facility is to be

constructed and in connection with such construction to provide, to the

extent he deems feasible and in the best interest of the state, for

multiple use outside the counties of Kings and Queens of the right of

way of such transportation facility. Before any such surveys, studies

and plans, including the securing of necessary reservation easements

relevant to such joint development are commenced, the municipality or

municipalities in which the transportation facility is to be constructed

shall enter into an agreement with the commissioner concerning the same.

The commissioner and the municipality or municipalities in which a

transportation facility is to be constructed are hereby authorized to

enter into any and all necessary agreements, including provisions for

any sharing of costs, to carry out such surveys, studies and plans for

joint development, including the negotiating for and securing of

reservation easements necessary to such plans from landowners affected

thereby, and to provide for multiple use outside the counties of Kings

and Queens of transportation rights of way. The expense of such surveys,

studies, plans and easements necessary for joint development of such

facilities and provision for multiple use of such rights of way shall be

a proper charge against funds available for the construction,

reconstruction or maintenance of state transportation facilities. The

term "municipality", as used in this subdivision, shall include only a

county, town, city or village. The term "joint development", as used in

this chapter, shall mean cooperative action by the state department of

transportation, federal and other state government agencies and

municipalities, with or without the assistance of private organizations

and individuals, to prepare surveys, studies and plans, including the

negotiating for and securing of reservation easements related to the

development or adjustments of land uses which are affected by

construction of such facilities as well as the surveys, studies and

plans incidental thereto. The term "reservation easements" shall mean

rights in real property, of a nature less than fee, which are acquired

by the state pursuant to agreement with the owner of such property for

the purposes of assuring the availability of such property for a future

transportation need and to prevent the use of such property by such

owner in a manner inconsistent with such need.