2006 New York Code - Lands Under Water Not Within The Projected Boundary Lines Of Streets; Patenting Of.

 
    §  22-104 Lands under water not within the projected boundary lines of
  streets; patenting of.
    a. Patents of land under water within the city shall be made  only  to
  the city or to the riparian proprietor. Where, pursuant to section seven
  hundred five of the charter or section 22-132 of this chapter, a plan or
  plans  for  the construction of docks between street intersections shall
  be projected, the commissioner of ports and trade, with the approval  of
  the  board  of estimate, may make application to the commissioner of the
  state department of general services for a grant of  lands  under  water
  for that purpose. Such state commissioner thereupon shall give notice to
  the  riparian  proprietor  before  taking action in the matter and shall
  then make such grant to the city for the purposes specified  in  section
  22-103  of this subchapter. Such grant, however, shall be subject to all
  the rights of  the  riparian  proprietor,  and  before  the  city  shall
  construct  such  public wharves or other structures in front of the land
  of such riparian proprietor, the city shall make  just  compensation  to
  such proprietor for the value of all the riparian rights.
    b.  Where  application  is  made  to  the  commissioner  of  the state
  department of general services by the riparian proprietor for a grant of
  soil or lands under water within the city, such state commissioner shall
  give notice thereof to the commissioner of ports  and  trade  who  shall
  examine  into  such  application  and certify to such state commissioner
  whether in his or her opinion the granting of  the  same  will  conflict
  with  the  rights  of  the  city or be otherwise injurious to the public
  interests of the city. Such grant, if made, shall be confined  to  lands
  under  water  in  front  of  such  riparian  proprietor  and  such state
  commissioner may insert such terms and conditions in the  grant  as  are
  recommended  by  the commissioner of ports and trade and as will protect
  the public interests of the city in respect to navigation and  commerce.
  The validity of any such grant or patent may be judicially determined in
  an action brought by and in the name of the city.