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N.Y. PBL Law § 34

Transfer of unappropriated state lands for mental health, mental retardation, park, recreation, playground, reforestation, street or high..

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2023). View current text →

§ 34. Transfer of unappropriated state lands for mental health, mental\nretardation, park, recreation, playground, reforestation, street or\nhighway purposes. 1. Such commissioner of general services may, from\ntime to time, transfer and convey to a city, incorporated village, town\nor county, in consideration of one dollar to be paid to the state of New\nYork, and on such terms and conditions as such commissioner may impose,\na part or all of any parcel or parcels of unappropriated state lands\nupon certification that such parcel or parcels are useful for local\nmental health facilities, mental retardation facilities, park,\nrecreation, playground, reforestation, street or highway purposes, and\nthat they will be properly improved and maintained for one or more of\nsuch purposes and provided that this disposition of such parcel or\nparcels is not otherwise prohibited. Certification shall be evidenced by\na formal request from the board of estimate, common council, village\nboard, town board or county board of supervisors, setting forth in\ndetail the parcel or parcels to be released, transferred and conveyed\nand the availability and usefulness of such parcel or parcels for one or\nmore of such purposes. In the city of New York however, certification\nshall be evidenced by a formal request from the mayor. In the event that\nlands transferred under the provisions of this section are not properly\nimproved and maintained for one or more of the purposes contemplated by\nthis section by the city, village, town or county to which they were\ntransferred, the title thereto shall revert to the people of the state\nof New York, and the attorney-general may institute an action in the\nsupreme court for a judgment declaring a revesting of such title in the\nstate. Such commissioner may also transfer any unappropriated state\nlands to the office of parks, recreation and historic preservation or\nthe department of environmental conservation, upon the application of\nthe commissioner thereof indicating that such unappropriated state lands\nare required for state park purposes within the area of jurisdiction of\nsuch office or department.\n 2. The commissioner of general services may, in his or her discretion,\nand upon such terms and conditions as such commissioner may impose, upon\napplication of the mayor of the city of New York, grant to the city of\nNew York, for public streets, parks, parkways, playgrounds, recreation\nand conservation purposes, all of the right, title and interest of the\npeople of the state of New York, of, in and to any portion of the lands\nand lands under water in Jamaica bay and Rockaway inlets and the\ntributaries thereto.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.