New York Public Lands Law
Transfer of Unappropriated State Lands for Mental Health, Mental Retardation, Park, Recreation, Playground, Reforestation, Street or High...
§ 34. Transfer of unappropriated state lands for mental health, mental retardation, park, recreation, playground, reforestation, street or highway purposes.
1. Such commissioner of general services may, from time to time, transfer and convey to a city, incorporated village, town or county, in consideration of one dollar to be paid to the state of New York, and on such terms and conditions as such commissioner may impose, a part or all of any parcel or parcels of unappropriated state lands upon certification that such parcel or parcels are useful for local mental health facilities, mental retardation facilities, park, recreation, playground, reforestation, street or highway purposes, and that they will be properly improved and maintained for one or more of such purposes and provided that this disposition of such parcel or parcels is not otherwise prohibited. Certification shall be evidenced by a formal request from the board of estimate, common council, village board, town board or county board of supervisors, setting forth in detail the parcel or parcels to be released, transferred and conveyed and the availability and usefulness of such parcel or parcels for one or more of such purposes. In the city of New York however, certification shall be evidenced by a formal request from the mayor. In the event that lands transferred under the provisions of this section are not properly improved and maintained for one or more of the purposes contemplated by this section by the city, village, town or county to which they were transferred, the title thereto shall revert to the people of the state of New York, and the attorney-general may institute an action in the supreme court for a judgment declaring a revesting of such title in the state. Such commissioner may also transfer any unappropriated state lands to the office of parks, recreation and historic preservation or the department of environmental conservation, upon the application of the commissioner thereof indicating that such unappropriated state lands are required for state park purposes within the area of jurisdiction of such office or department.
2. The commissioner of general services may, in his or her discretion, and upon such terms and conditions as such commissioner may impose, upon application of the mayor of the city of New York, grant to the city of New York, for public streets, parks, parkways, playgrounds, recreation and conservation purposes, all of the right, title and interest of the people of the state of New York, of, in and to any portion of the lands and lands under water in Jamaica bay and Rockaway inlets and the tributaries thereto.