US Laws, Codes, Statutes & Cases

 
    §  4-104  Title  to  certain public beaches; limitations thereon.   a.
  Title acquired or to be acquired by the city to any uplands,  filled  in
  lands,  lands  under  water,  estates,  rights,  easements, interests or
  privileges for public beaches on the Atlantic ocean from the westernmost
  point of Coney Island to the westerly line of Beach  Second  street,  in
  the  borough of Queens, and on the lower New York bay from the southerly
  line of the United States reservation Fort Wadsworth  to  the  northerly
  line  of  the  United States reservation Miller Field, in the borough of
  Richmond, in each and every case shall be a title in fee  in  trust  for
  the  use  of  the  public  to pass and repass over and along such public
  beach and beaches in the same manner as public  beaches  ordinarily  are
  used.  The  owners  of  property abutting on the inland side of any such
  public beach or beaches shall possess easements of light, air and access
  over, along and across such public beach  or  beaches  to  the  Atlantic
  ocean  and to the lower New York bay, as the case may be, and a frontage
  on  and  access  to  such  public  beaches,  streets,  parks,   avenues,
  boulevards,  promenades,  walks  and boardwalks as may be authorized and
  constructed within the same.
    b. Where such owners have laid out and are maintaining pipes  for  the
  drawing and discharging of sea water under the soil to be acquired for a
  public beach, they shall have the right to maintain such pipes under the
  soil of such public beach or beaches for the purpose only of drawing and
  discharging  sea  water,  the  maintenance of such pipes to be under the
  supervision of the commissioner of parks and  recreation.  Where  owners
  have  not laid and are not maintaining pipes under such soil for drawing
  and discharging of sea water, the board of estimate,  under  such  terms
  and  conditions as to it shall seem proper, may grant to such owners the
  right to lay and maintain pipes for the drawing and discharging  of  sea
  water only under the soil of such public beach or beaches.