US Laws, Codes, Statutes & Cases

 
    §  5-432 Authority to close streets and to acquire any right, title or
  interest  therein.  a.  The  city   may   authorize   the   closing   or
  discontinuance of the surface, subsurface or air space over such streets
  therein,  in  whole  or  in  part,  upon the determination that (1) such
  closing or discontinuance will further the health, safety, pedestrian or
  vehicular circulation, housing, economic development or general  welfare
  of  the  city and (2) in the case of a partial closing or discontinuance
  of the subsurface or air space over such streets, will not substantially
  interfere  with  pedestrian  or  vehicular  use  of  such  streets.   In
  connection  with  the closing or discontinuance of the subsurface or air
  space  over  such  streets,  the  city  may  authorize  the  closing  or
  discontinuance  of  so  much  of  such streets, in whole or in part, for
  easements and such other rights as may  be  necessary  or  desirable  in
  order  to effect the construction and support of any improvements in the
  closed or discontinued air space over or the subsurface of such streets.
  Any such closing or  discontinuance  shall  be  effected  as  a  capital
  project. In connection with any such closing or discontinuance, the city
  may  acquire  any right, title or interest in the closed or discontinued
  streets or the closed or discontinued portions  thereof,  including  the
  surface or subsurface of or the air space over such streets as a capital
  project,   whenever   it  may  deem  that  such  acquisition  will  more
  effectually secure the actual discontinuance and closing of streets,  in
  whole  or in part, which may be legally discontinued and closed pursuant
  to this subchapter. The provisions of this  subchapter  which  refer  to
  land  or lands within or lying within a closed or discontinued street or
  within a street to be 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  air  space  over  such  street.  The
  provisions  of  this subchapter which refer to fee title shall be deemed
  to refer to any right, title or interest acquired or to be  acquired  by
  the city.
    b.  Compensation and recompense shall be made to the respective owners
  of the real property affected or damaged by reason of any  such  closing
  and  to  the  respective  owners of the fee title to the land within the
  closed street for the damages caused by the taking by the city  of  such
  fee title.
    c.  Notwithstanding  the  provisions  of any general, special or local
  law, the provisions of chapter one of title four and subchapter four  of
  chapter  three  of  this  title  shall  be  applicable  to the following
  sections of the state arterial highway system located within the city of
  New York provided that with regard to  such  sections  all  requirements
  imposed  by  federal  and  state  law  shall be complied with, including
  requirements relating to the construction and support of improvements in
  such sections: Franklin  D.  Roosevelt  drive  from  and  including  the
  Brooklyn  Battery crossing to the easterly prolongation of the northerly
  line of Robert F. Wagner, Senior place.
    d. Where the whole or a part of the subsurface of a  street  has  been
  closed   or  discontinued  pursuant  to  this  section,  public  utility
  facilities in such subsurface or  part  thereof  may  be  maintained  in
  place,  or,  if  the  proposed  use  of  such  subsurface  requires  the
  relocation of utility facilities,  the  owner  of  such  facilities  may
  relocate  such  facilities  elsewhere within or without such subsurface,
  provided, however, that any maintenance in place or relocation  of  such
  facilities shall be authorized by the city pursuant to subdivision one-a
  of  section  5-433 of this subchapter. Nothing in this section, however,
  shall be deemed to create any liability arising from the cost of  public
  utility  facility  relocation  not recognized at common law or otherwise
  created by statute.