New York Public Lands Law
Sec. § 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.
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Last accessed
Dec. 13, 2016