N.Y. PBL Law § 34-B — New York Code / Act PBL / Article 3 / Section 34-B
Acquisition of air space and air and subsurface rights
Status: in_force

§ 34-b. Acquisition of air space and air and subsurface rights. 1.\nNotwithstanding any other provision of law to the contrary, the\ngoverning board of a municipal corporation as defined in the general\nmunicipal law in which land or real property had previously been\nacquired by the state or any of its duly constituted agencies for an\nappropriate public use may apply to the commissioner of general services\nin the executive department for conveyance to it of a grant, release,\nquitclaim or other appropriate instrument of all the right, title and\ninterest of the state of New York in and to the air space and air and\nsubsurface rights, easements therein and lands adjacent thereto which\nhad been appropriated or otherwise acquired by the state within such\nmunicipality. The granting of any such application shall be in the\ndiscretion of the commissioner and the head of the department or agency\nhaving jurisdiction over the property and subject to their determination\nthat such conveyance would be compatible with the existing state needs\nand uses of the property in question and upon such reasonable\nconsideration, terms and conditions as the commissioner may determine.\nNo such conveyance shall be leased or utilized for private or municipal\nutility services. No conveyance shall be permitted with respect to\nexisting or proposed state parkways.\n  2. The commissioner of general services shall include as a part of\nsuch conveyance such terms and conditions as he may reasonably deem to\nbe appropriate with respect to the form, manner and provisions under\nwhich the municipality may dispose of said air space and air and\nsubsurface rights and adjacent areas in conformity with provisions of\nthe general municipal law.\n  3. The development of any property interest by the lessee or developer\nof said air space and air and subsurface rights and adjacent areas from\nthe municipality shall be subject to the zoning regulations, ordinances\nand planning requirements of the municipality in which said property is\nlocated and to the support, protection or relocation of any public\nutility facilities within the right of way of any highways within said\nproperty at the sole cost of the municipality, lessee or developer. No\nsuch development shall deprive an abutting landowner of his right of\naccess.\n  4. The terms of the conveyance to the municipal corporation shall be\ndetermined by the commissioner of general services with the approval of\nthe director of the budget as to the adequacy of the consideration\ntherefor and shall be submitted to the commissioner of the agency having\njurisdiction over the property involved for his consideration and\napproval. Each such instrument of conveyance shall be prepared by the\ncommissioner of general services and prior to delivery of possession of\nthe subject property rights in the air, air space, subsurface rights,\neasements therein and lands adjacent thereto shall be approved by the\nattorney general as to form and manner of execution.\n  5. The commissioner of general services shall promulgate reasonable\nrules and regulations after consultation with the commissioner of\ntransportation and the commissioners or heads of any other affected\nstate agencies strictly consistent with the purposes of and designed to\ncarry out the provisions of this section.\n