NY Pub Lands L § 34-B (2021)
2021 New York Laws PBL - Public Lands Article 3 - Unappropriated State Lands 34-B - Acquisition of Air Space and Air and Subsurface Rights.

§  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.