2023 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.