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 Apr. 13, 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
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

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 72-J’s source at nysenate​.gov

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