US Laws, Codes, Statutes & Cases

 
    § 4-106 City real property; exceptions to inalienability and to public
  sale  of.  Notwithstanding  any  provisions  of law to the contrary, the
  board of estimate is authorized, subject to the provisions  of  sections
  one hundred ninety-seven-c and three hundred eighty-four of the charter,
  where applicable:
    1. To convey to the state of New York in fee simple absolute such dock
  land  and  adjacent  lands  under  water  as may by determination of the
  commissioner  of  transportation  be  declared   necessary   for   canal
  terminals,  such  lands  to  be  and  remain public lands under the sole
  control of the state.
    2. To sell and convey to the upland owner any  of  the  lands  now  or
  formerly  under  water, including lands under water excepted or reserved
  for street purposes out of grants of lands under water  heretofore  made
  by  the city or its predecessors, along the westerly line of Franklin D.
  Roosevelt Drive (formerly  known  as  East  River  Drive),  between  the
  northerly  side of East Thirteenth street and the southerly side of East
  Fourteenth street, the northerly side of East Twentieth street  and  the
  southerly  side  of East Twenty-first street, the northerly side of East
  Thirtieth street and the southerly side of East Fifty-eighth street, the
  northerly side of East Fifty-ninth street and the southerly side of East
  Sixty-third street, the northerly side of East Eighty-ninth  street  and
  the  southerly  side  of  East  Ninetieth  street,  in  the  borough  of
  Manhattan. Such board of estimate, in its discretion, on and  after  May
  first, nineteen hundred forty-four, may sell and convey to any person or
  persons whomsoever, pursuant to section three hundred eighty-four of the
  charter,  the aforesaid lands, described in this subdivision, which have
  not theretofore been  granted  or  conveyed  to  the  upland  owners  as
  provided  in this subdivision, except as to such lands lying between the
  northerly side of East Thirteenth street and the southerly side of  East
  Fourteenth street, which land such board, in its discretion on and after
  May  first,  nineteen  hundred  forty-seven,  may sell and convey to any
  person  or  persons  whomsoever,  pursuant  to  section  three   hundred
  eighty-four of the charter.
    2-a.  To  sell  and convey to the upland owner any of the lands now or
  formerly under water, including lands under water excepted and  reserved
  for  street  purposes out of grants of lands under water heretofore made
  by the city or its predecessors, along the westerly shore of the  Harlem
  river  inside  the  bulkhead line, between the northerly side of Academy
  street and the southerly side of West Two  hundred  second  street,  and
  between  the  northerly  side  of  West Two hundred sixth street and the
  southerly side of West  Two  hundred  eighth  street,  and  between  the
  southerly  line of lot 25 in block 2189 of section 8 as shown on the tax
  map of the city of New  York  for  the  borough  of  Manhattan  and  the
  southerly  side  of  West  Two hundred fifteenth street, and between the
  northerly side of West Two hundred sixteenth street and the prolongation
  eastwardly of the most southerly division line between lot 47 and lot 67
  in block 2197 of section 8 as shown on said tax map, in the  borough  of
  Manhattan.  Such  board of estimate, in its discretion, on and after May
  first, nineteen hundred seventy, may sell and convey to  any  person  or
  persons whomsoever, pursuant to section three hundred eighty-four of the
  charter,  the aforesaid lands, described in this subdivision, which have
  not theretofore been  granted  or  conveyed  to  the  upland  owners  as
  provided in this subdivision.
    3.  a.  To  cede, grant and convey to the United States, free of cost,
  all the estate, right, title and interest of the  city  in  and  to  any
  lands and lands under water, acquired by and owned by the city, required
  for  the  improvement  of the navigation of waters within, or separating
  portions of the city, in accordance with the plan or plans, establishing

  bulkhead or pierhead lines in such waters, prepared by the secretary  of
  defense; and
    b.  To  cede,  grant and convey to the United States, free of cost, or
  upon such consideration as may be agreed upon between such board and the
  United States, all the estate, right, title and interest of the city  in
  and to any lands and lands under water acquired by or owned by the city,
  required  for  the establishment of air stations, in connection with the
  defense of New York harbor and the Atlantic coast; and
    c. Whenever any part of such lands or lands  under  water  shall  have
  been  ceded,  to  give  a  certificate  under their hands, or those of a
  majority of them, that the same have been ceded as herein provided,  and
  upon  the  production  of  such  certificate it shall be the duty of the
  mayor and city clerk in the name and on behalf of the city to execute  a
  proper  conveyance of such lands and lands under water under their hands
  and the seal of such city.
    d. To convey  to  the  United  States  free  of  cost,  or  upon  such
  consideration  as  may  be agreed upon between such board and the United
  States, a perpetual easement of passage for military purposes from  Fort
  Totten across the right-of-way of Cross Island parkway in the borough of
  Queens.
    4.  a. To set aside and use for public streets and parks, and for such
  city purposes as it may deem necessary,  so  much  of  the  lands  under
  water,  islands, hummocks, hassocks, marshes and meadow lands in Jamaica
  bay and Rockaway inlet and tributaries thereto lying  to  the  north  of
  latitude  forty  degrees  and  thirty-three  minutes  north  and  to the
  eastward of longitude seventy-three degrees and fifty-six minutes  west,
  granted  to  the city by the state of New York, including the portion or
  areas laid out for and included in a public street or  park  improvement
  authorized in accordance with law; and
    b.  To  lease  for  residential  use so much of the lands described in
  paragraph a of this subdivision, excluding  any  areas  now  adopted  or
  which  may hereafter be adopted as a marginal street, wharf or place, as
  may be determined by it to be unadaptable for commercial,  manufacturing
  or industrial use and to be adaptable for such residential use; and
    c.  To  release  to  adjoining  upland  owners,  upon  such  terms and
  conditions and for such  consideration  as  it  may  deem  proper,  such
  portions  of  the  lands  under water referred to in paragraph a of this
  subdivision, as  are  comprised  in  the  beds  of  creeks,  inlets  and
  tributaries  of  Jamaica  bay,  situated  inshore  of the interior lines
  thereof and not required for the purposes specified in paragraphs a  and
  b of this subdivision; or
    d. To exchange so much of the lands under water comprising the beds of
  such creeks, inlets and tributaries, so situated, which it is authorized
  to  release  pursuant  to  paragraph c of this subdivision, for adjacent
  privately owned lands required for the opening and extending  of  public
  streets or avenues, duly laid out upon the final map of the city.
    5.  To  sell  and  convey, at private sale, to a corporation organized
  solely for religious, charitable or educational purposes,  such  portion
  of  the  islands  or of an island in Jamaica bay as shall be required by
  such corporation for religious, charitable or educational  purposes,  on
  such  terms  as  the  board  may  deem proper, provided that the deed of
  conveyance contain a covenant that the land so conveyed shall be used in
  perpetuity for such purposes.
    6. To grant and convey to abutting upland owners, upon such terms  and
  conditions  and for such consideration as such board may deem proper, by
  proper instrument or instruments in writing under the corporate seal  of
  the city, all the property, right, title and interest that it now has or
  may  hereafter  acquire  in  and  to  any  lands under the waters of the

  Atlantic ocean which are or shall be located inland of the interior line
  or lines of any public beach or beaches now laid out and established, or
  which may hereafter be laid out and  established  from  the  westernmost
  point  of  Coney  Island  to  the westerly boundary line of Beach Second
  street, in the borough of Queens.
    7. From time to time, to sell, either at public or private  sale,  for
  part   cash  or  part  secured  by  purchase  money  mortgage,  in  such
  proportions and upon such terms as they may determine, and to convey all
  or any part of the common lands of the late town of Gravesend  remaining
  unsold, and all other lands and property of such late town not needed or
  used for governmental purposes.
    8.  To  grant  to  railroad  corporations  for  the  construction  and
  maintenance of their roadbeds, tracks, bridges and other structures, and
  the operation over the same of their  railroads  in  perpetuity  or  for
  shorter  periods,  easements or rights of way, in, over, along or across
  any lands, or over and across any lands  under  water,  and  the  waters
  covering the same, heretofore or hereafter acquired by the city pursuant
  to  law, in the counties of Westchester and Putnam, for or in connection
  with its  water  supply,  upon  such  terms  and  conditions,  for  such
  consideration  and  subject  to  such restrictions as in the judgment of
  such board shall seem proper. No such  grant,  however,  shall  be  made
  unless  such  board  shall first determine that the use or enjoyment for
  such purposes of such lands is not inconsistent with  the  purposes  for
  which  such  lands  were  or may hereafter be acquired. Every such grant
  shall contain covenants restricting the manner and form of such use  and
  enjoyment  in  accordance  with  the  determination  of  the  board, and
  providing for the forfeiture thereof to the city upon breach of  any  of
  such  covenants.  No such grant of any easement or right of way shall be
  made to any railroad corporation where the length of  such  easement  or
  right  of  way  exceeds  one  mile,  unless  such grant embraces several
  distinct and separate easements or rights of way,  in  which  event  the
  aggregate  length  of all of such easements or rights of way may be, but
  shall not exceed, three miles, and no  one  easement  or  right  of  way
  included  in  such aggregate length shall exceed in length three-fourths
  of a mile. The consideration provided to be paid by the grantee  in  and
  by any such grant shall be paid into the real property fund.
    9. Except as limited by subdivision eight of this section, to lease or
  grant,  without  public  letting  in  perpetuity or for shorter periods,
  rights, easements or rights-of-way in, over  or  across  any  city  real
  property  heretofore  or hereafter acquired and used for the purposes of
  impounding, storing or transporting water for municipal water supply  or
  for  the  sanitary  protection  thereof  wheresoever  located, for park,
  parkway, roadway, highway, sewer, railroad or any other public  purpose,
  and  for  elimination  of  highway  railroad crossings at grade for such
  consideration and upon such terms and conditions  and  subject  to  such
  restrictions  as  such  board  may  deem proper. No such lease or grant,
  however, shall be made unless the agency having jurisdiction  over  such
  property shall first determine and certify in writing that such property
  or interest therein so leased or granted will not endanger or injure the
  water  supply structures or other property of the city or interfere with
  the use and operation thereof for water supply  or  sanitary  protection
  purposes.  Every such lease or grant shall contain covenants restricting
  the use of such property or interest  therein  in  accordance  with  the
  determination  of  such  board,  and providing for the forfeiture to the
  city of such property or  interest  therein  upon  breach  of  any  such
  covenants.
    10.  To  exchange  and convey lands under water in creeks, tributaries
  thereto, ditches, ponds and bays no longer  required  by  the  city  for

  public  purposes.  In  exchange for lands conveyed the mayor may acquire
  lands of private owners, necessary for sewer drainage canals, within the
  lines of any sewer  drainage  canal  as  laid  out,  and  the  mayor  is
  authorized  to take deeds and conveyances. Such exchange, however, shall
  not be made to or with any owner or owners whose upland does  not  abut,
  bound  or  adjoin  the lands under water to be exchanged, nor shall such
  board convey such lands  under  water  until  the  agency  having  under
  control  or  supervision  such  lands  under  water,  shall  have  first
  certified to the board that the lands  to  be  conveyed  are  no  longer
  necessary or required for public purposes. In the exchange of such lands
  all  right,  title  and  interest  of  private owners in that portion of
  creeks, tributaries thereto,  ditches,  ponds  and  bays  not  abutting,
  bounding  or  adjoining  lands under water so exchanged, shall be deeded
  and delivered to the city, and the board by resolution and the mayor  by
  order  shall  authorize  such  exchange.  The corporation counsel by the
  direction of the board  and  the  mayor,  shall  thereupon  prepare  and
  certify  the  forms  of all legal instruments and deeds necessary on the
  part of the city to effect such exchange in law. The board and the mayor
  shall designate and  authorize  the  proper  official  or  officials  to
  execute  and deliver all legal instruments and deeds necessary to effect
  such exchange. The land so acquired by the exchange shall be assigned to
  the agency requiring the  use  of  the  same,  upon  proper  application
  therefor.