US Laws, Codes, Statutes & Cases

 
    §  4-105  Land  in  private  or  in  closed  or  discontinued streets;
  conveyance to abutting owners or other persons.  a.  Whenever  the  city
  shall  have any right, title or interest in and to the land lying within
  a private street, however  acquired,  or  within  a  street,  closed  or
  discontinued  in whole or in part, the owner of land fronting thereon at
  the time of acquisition of such private street or at the  time  of  such
  closing or discontinuance, or the owner's heirs or assigns, may acquire,
  such  right,  title and interest in and to any parcel or parcels of such
  land lying in front of the lands owned by such person or  persons,  upon
  payment  to the commissioner of finance for the right, title or interest
  to be acquired within such private  street  or  within  such  closed  or
  discontinued  street of such consideration as shall be determined by the
  commissioner of citywide  administrative  services;  provided,  however,
  that,  except  as otherwise provided by law, such consideration shall be
  in an amount not less than the appraised value of such right,  title  or
  interest  as determined by appraisal made within six months prior to the
  authorization of such conveyance.
    b. Such owner or owners or owner's heirs or assigns or the  department
  of citywide administrative services on behalf of such owner or owners or
  owner's  heirs  or assigns shall apply, in writing, to the department of
  city  planning  for  such  conveyance  either  simultaneously  with   an
  application  for  the closing or discontinuance of a street or not later
  than two years after the acquisition of such private street or not later
  than two years after the closing or discontinuance  of  such  closed  or
  discontinued  street. The department of city planning shall process such
  application pursuant to sections  one  hundred  ninety-seven-c  and  one
  hundred  ninety-seven-d  of the charter. The department of city planning
  shall notify or cause to  be  notified  all  other  owners  eligible  to
  purchase  such  right,  title  or interest pursuant to the provisions of
  this section of the filing of such application prior to certifying  that
  such  application is complete. Such notice shall be served by registered
  or certified mail addressed to the last known address of such  owner  or
  owners,  as  the  same  appears  in  the  records  of  the office of the
  commissioner of finance or if there is no name  in  such  records,  such
  notice may be served by ordinary mail addressed to "Owner" at the street
  address  of  the  improvement parcel or property in question. Failure by
  the department to give such notice or cause  such  notice  to  be  given
  shall  not  invalidate any proceedings with respect to such application.
  If the conveyance is approved by the mayor and in the manner  prescribed
  by  any applicable provisions of sections one hundred ninety-seven-c and
  one hundred ninety-seven-d of the charter, the mayor shall cause  to  be
  prepared  and  delivered  to  such  owner  or owners or owner's heirs or
  assigns a conveyance of the right, title and interest of the city in and
  to such parcel or parcels of land in such form as shall be  approved  by
  the  corporation  counsel.  Such  conveyance  shall be delivered to such
  owner or owners or owner's heirs or assigns  upon  payment  of  the  sum
  required by subdivision a hereof to be paid.
    c. The mayor, in conveying such right, title or interest, shall not be
  obliged to convey the right, title or interest of the city in and to the
  land  within  one-half  of  such  private or such closed or discontinued
  street to the owner of the land abutting on such half.  Subject  to  any
  land   use   restrictions  imposed  pursuant  to  sections  one  hundred
  ninety-seven-c or one hundred ninety-seven-d of the charter,  the  mayor
  may  convey all right, title or interest of the city in and to the lands
  in any such private or such closed or discontinued street to  the  owner
  of  the  land  abutting  on  one  side  thereof,  whenever in his or her
  judgment it shall be just and proper, or in the best  interests  of  the

  city,  to  do so, or to such abutting owners as require the same to make
  their abutting lands more available for improvements.
    d.  Subject  to the provisions of section three hundred eighty-four of
  the charter, the mayor may at any time sell or otherwise dispose of  the
  right,  title  and  interest  of  the city in and to so much of the land
  lying within such private or such  closed  or  discontinued  street  for
  which  no  application  has  been filed pursuant to this section, to any
  person or persons whomsoever upon such terms and conditions as the mayor
  may deem proper.
    e. The provisions of this section which refer to land or  lands  lying
  within  a private street or within a street closed or discontinued shall
  be deemed to refer to the surface and subsurface of and air  space  over
  such street or any part of the surface or subsurface of or the air space
  over such street.