N.Y. General Municipal Law Section 72-J
Parking garages and parking spaces

  • public off-street loading facilities

1.

The governing board or other appropriate authority of a municipal corporation may acquire by purchase, gift, devise, lease, condemnation or otherwise, in accordance with the provisions of any appropriate general, special, or local law applicable to the acquisition of real property by a municipal corporation, real property or any interest therein necessary for or incidental to the construction or operation of parking garages or parking spaces or public off-street loading facilities for the relief of traffic congestion either as provided in subdivision two hereof or as provided in subdivision three hereof.

2.

a. A municipal corporation or an urban renewal agency may construct and operate such garages or spaces or public off-street loading facilities including the use of such portion of the property for other commercial uses as may be necessary to provide revenue adequate to permit the operation of the principal portion of the property for such garages or spaces or public off-street loading facilities, may charge such rentals or fees for their use and make such other provisions for their operation and management as it may deem necessary, and may enter into contracts for their construction or operation subject to such conditions as it may impose for the service of the public and the protection of the public interest. When in furtherance of an urban renewal program such parking garage or spaces or public off-street loading facilities are constructed and operated pursuant to a duly approved urban renewal plan, the same or a portion thereof may be sold, leased for a term not exceeding ninety-nine years, or otherwise disposed of, to any person, firm or corporation, without public auction or sealed bids, subject to such conditions as it may impose for the service of the public and the protection of the public interest, provided such sale, lease or disposal is made in accordance with and pursuant to the provisions of § 507 (Disposition of property)section five hundred seven of this chapter.

b.

In addition to such powers as may be granted by any other law or by any other subdivision of this section, a municipal corporation or an urban renewal agency may lease, for a term not exceeding ninety-nine years, such air rights over or the subsurface areas under any property acquired or to be acquired for garages, spaces or public off-street loading facilities, together with easements or other rights of user necessary for the use and development of such air rights or subsurface areas, as are not needed for public purposes, to any person, firm or corporation for commercial or private use. Any such lease may contain provisions requiring the lessee to construct facilities adequate to support and maintain, without interference, the public parking or off-street loading facilities being conducted by the municipality or urban renewal agency and may also contain such other provisions, conditions and restrictions as the municipality or urban renewal agency may prescribe. Any buildings, structures, substructures or superstructures, the title to which remains in the lessee, shall be deemed to be real property for purposes of taxation as defined in subdivision twelve of Real Property Tax Law § 102 (Definitions)section one hundred two of the real property tax law.

3.

Any municipal corporation, acting through its board of estimate or other governing body, may, in addition to exercising the powers granted to it by subdivision two hereof, sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any real property or any interest therein owned by it or acquired by it pursuant to this section, to any person, firm, or corporation at the highest marketable price or rental at public auction or by sealed bids pursuant to the provisions of any general, special or local law applicable to the sale, lease, or disposition of real property by such municipal corporation, for the purpose of the construction or establishment on such real property of public parking garages or public parking spaces or public off-street loading facilities for the relief of traffic congestion and for the maintenance and operation thereof. Any deed, lease, or instrument by which real property or any interest therein is conveyed or disposed of shall contain provisions requiring the purchaser, grantee, or lessee to construct or establish on such real property one or more public parking garages or public parking spaces or public off-street loading facilities and to maintain and operate the same for such period as may be prescribed by the board of estimate or other governing body, provisions fixing or providing for the approval by the board of estimate or other analogous body of rates to be charged for the use of such facilities by the operators thereof, and may also contain provisions authorizing the use of such portion of the property for other commercial purposes as may be necessary to provide revenue adequate to permit the operation of the principal portion of the property for public parking garages and public parking space or public off-street loading facilities. Such deed or instrument may contain such other provisions, conditions and restrictions, including specifications relating to construction, and the rentals at which such property may be leased or subleased by the grantee or lessee as the board of estimate or other governing body may prescribe. The prior consent of the city planning commission or other analogous body of such municipal corporation shall be required for the acquisition by such municipal corporation of property for the purposes of this subdivision, which prior consent shall be based upon a finding by such city planning commission or other analogous body of the desirability thereof and after a public hearing thereon.

4.

As used in this section:

a.

The term “public garage” shall mean any building or facility where motor vehicles are parked, stored, serviced or repaired, and whose space and facilities are available to the public, with or without fee or charge, without regard to the residence, business or employment of the motor vehicle owner or operator seeking such space or facilities.

b.

The term “public off-street loading facility” shall mean any building or area for the loading or unloading of trucks, trailers or other similar vehicles and the temporary storage of goods incidental thereto, which space and facilities shall be made available hereunder to the public with or without fee or charge upon such terms and conditions as may be prescribed by the board of estimate or other governing body.

5.

A town, or a town parking district, and a village wholly within such town may, as herein provided, jointly acquire lands for and maintain and operate parking garages and parking spaces or public off-street loading facilities in the manner and for the purposes herein specified. Taxes levied for the town’s share of the cost of such acquisition, maintenance and operation shall be a charge upon the taxable property of that part of the town outside of such village, and shall be assessed, levied and collected therefrom. Taxes levied for a parking district’s share of the cost of such acquisition, maintenance and operation shall be a charge upon the taxable property of that part of the parking district outside of such village and shall be assessed, levied and collected therefrom.

6.

The governing body of any municipal corporation may direct that the whole of the expense of the acquisition of lands for and the construction of parking garages and parking spaces or public off-street loading facilities be assessed upon property deemed benefited, or that the whole or part thereof be charged to the municipal corporation at large and the remainder if any, assessed upon the property deemed benefited. Proceedings for the assessment of the cost of acquisition of land for and construction of parking garages and parking spaces or public off-street loading facilities shall be the same as for a local improvement assessment of other public work.

Source: Section 72-J — Parking garages and parking spaces; public off-street loading facilities, https://www.­nysenate.­gov/legislation/laws/GMU/72-J (updated Sep. 22, 2014; accessed Oct. 26, 2024).

70
Payment of judgments against municipal corporation 70‑A
Liability for expenses incurred in enforcing lawful required payment of moneys to state agencies 71
Liability for damages by mobs and riots 71‑A
Injury or death of person aiding a police officer or peace officer 71‑B
Operation of snowmobiles 72
Acquisition of lands for erection of monuments 72‑A
Acquisition and development of forest lands 72‑B
Acquisition of lands and erection of memorial buildings 72‑C
Expenses of members of the police department and other peace officers in attending police training schools 72‑D
Acquisition of lands for park and parkway purposes or for district headquarters for the state department of transportation, and dedicatio... 72‑E
Acquisition of lands for park and parkway purposes and dedication of the same by the counties of Broome, Monroe and Erie 72‑F
Acquisition of lands for parkway and airport purposes and dedication of the same by counties and municipal corporations 72‑G
Expenses of volunteer firefighters attending training schools and instruction courses 72‑H
Sale, lease and transfer to municipal corporations of certain public lands 72‑I
Acquisition of lands and erection of memorial buildings by adjoining villages 72‑J
Parking garages and parking spaces 72‑K
Parking facilities and appurtenances within or outside of the state highway right of way 72‑K*2
Notification of change in use of property used for recreational purposes 72‑L
Navigation and flood control improvements in cooperation with the federal government 72‑M
Appropriations for Bicentennial celebration 72‑M*2
Emergency transportation plans 72‑N
Air space and air and subsurface areas 72‑O
Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal 72‑P
Lease of real property by a municipality 72‑P*2
Establishment of farmers’ markets 72‑R
Adopt-a-beach stewardship program 73
Cities and villages may hold property in trust for certain purposes 74
Condemnation of real property 74‑B
Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property 74‑C
Taking of billboards 75
Limitation on acquisition of water rights in Dutchess county 76
Limitation on acquisition of water rights in Westchester and Putnam counties 77
Leases of public buildings to posts of veteran organizations, organizations of volunteer firefighters, and child care agencies 77‑A
Construction and maintenance of memorial building or monument by county or city 77‑B
Expenses of certain public officers and employees attending conventions, conferences and schools 77‑C
Per diem meal allowances for travel on official business 77‑D
Traveling expenses for applicants for public employment 77‑E
Baseball field fence leases in Yates county 77‑F
Sports field fence leases in the town of Sweden, Monroe county 77‑G
Sports field fence leases in the city of Rye, Westchester county 77‑H
Sports field fence leases in the town of New Castle, Westchester county 77‑I
Sports field fence leases in the town of Yorktown, Westchester county 77‑J
Sports field fence leases in the town of Putnam Valley, Putnam county 77‑J*2
Sports field fence leases in the town of Kent, Putnam county 78
Insurance of property 78‑B
Demolition and removal of unsafe structures 80
Discrimination against non-residents 80‑A
Purchasing of products for municipal use 81
Peddling and hawking farm produce 82
Levy to pay a final judgment 83
Limitation as to amount of money to be raised 84
Refunding illegal assessments 85
Service charge on returned checks 85‑A
Taxation of transient merchants 86
Regulation of commercial and business activities on Memorial day and Independence day 86‑A
Regulation of installation of portable electrical equipment used for amusement devices 87
Support and maintenance of charitable and other institutions 88
Disposition of stray or unwanted dogs by municipality 88*2
Catv franchises prohibited 88‑A
Merit award board to reward employees for suggestions 89
Payment of debts of illegal corporations 90
Payment of overtime compensation to public officers or employees 91
Payment of rewards for apprehension and conviction of a person or persons guilty of felony or misdemeanor 91‑A
Arson investigation 92
Vacations, sick leaves and leaves of absence of officers and employees 92‑A
Medical, surgical and hospital services or insurance for officers, employees and retired officers and employees of public corporations an... 92‑B
Audit of claims under certain contracts for administering medical assistance 92‑C
Emergency service volunteer 92‑D
Sick leave for officers and employees with a qualifying World Trade Center condition 93
Payment of certain insurance premiums for officers and employees of municipal corporations and agencies or instrumentalities thereof 93‑A
Written statement of deductions to accompany payment of salary or wages to officers or employees in certain cases 93‑B
Deductions from wages or salaries of civil service employees 93‑C
The appropriate disbursing or fiscal officer of any municipality or other political subdivision of the state is hereby authorized to dedu... 93‑D
Payroll payment by banks or trust companies 94
Earnings of municipal corporations from certain municipally operated public utility services 94‑A
Tax equivalent payments of the city of Jamestown board of public utilities 95
Youth agencies and assistance 95‑A
Programs for the aging 96
Municipal community garden activities 96‑A
Use of certain lands for the construction and operation of neighborhood youth centers 96‑A*2
Protection of historical places, buildings and works of art 96‑B
Tree conservation 97
Power of municipalities to furnish and contract for fire and police communication system 98
Operation and maintenance of railroad passenger stations in certain municipalities 98‑A
Acquisition and lease of railroad facilities 98‑B
Municipal assistance to public authorities furnishing transportation services 99
Regulation of open wells, cesspools, basins or sumps 99‑A
Use of municipally operated dumping ground by another municipality 99‑B
Receipts for money received 99‑C
Agreements for joint building inspectors by municipal corporations 99‑D
Planning for future capital improvements 99‑E
Operation, improvement and maintenance of parks 99‑F
Comprehensive sewer and water studies 99‑G
Capital program 99‑H
Participation in federal programs 99‑I
Participation in programs to promote progress and scholarship in the humanities and the arts 99‑J
Control of aquatic plant growth 99‑K
Fees to jurors or witnesses 99‑L
Fees in criminal actions and other proceedings 99‑M
Cash bail and partially secured bail bond 99‑N
Transfer and lease of ferry boats and buses 99‑O
Transfer and lease of mass commuting vehicles by the county of Suffolk 99‑P
Municipality, district corporation or school district as reciprocal insurer 99‑Q
Facilities for the unified court system 99‑R
Contracts for services 99‑S
Transfer and sale of delinquent real estate tax receivables 99‑T
Contracts with banks or trust companies for the collection of water or sewer user fees, charges, rates or rentals, or certain special ass... 99‑U
Municipal cooperation agreements for counties 99‑V
Veterans services 99‑W
Land for monument erection 99‑X
Prohibit symbols of hate 99‑Y
Internet access and communications 99‑Z
Municipal officers or employees prohibited from displaying political advertisements on public property
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 72-J’s source at nysenate​.gov

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