2006 New York Code - Development Of Transportation Corridors; Multiple Use Outside The Counties Of Kings And Queens Of Right Of Way.

 
    § 14-e. Development  of transportation corridors; multiple use outside
  the counties of Kings and Queens of right of way.  The  commissioner  of
  transportation shall have power to provide, with or without federal aid,
  for  surveys,  studies  and  plans which include the negotiating for and
  securing of reservation easements necessary to the  development  of  the
  corridor  through which a transportation facility will pass, in order to
  jointly direct such development in cooperation with the municipality  or
  municipalities   in   which   such  transportation  facility  is  to  be
  constructed and in connection with such construction to provide, to  the
  extent  he  deems  feasible  and  in the best interest of the state, for
  multiple use outside the counties of Kings and Queens of  the  right  of
  way  of  such  transportation facility. Before any such surveys, studies
  and plans, including the securing  of  necessary  reservation  easements
  relevant  to  such  joint development are commenced, the municipality or
  municipalities in which the transportation facility is to be constructed
  shall enter into an agreement with the commissioner concerning the same.
  The commissioner and the  municipality  or  municipalities  in  which  a
  transportation  facility  is  to be constructed are hereby authorized to
  enter into any and all necessary agreements,  including  provisions  for
  any  sharing  of costs, to carry out such surveys, studies and plans for
  joint  development,  including  the  negotiating  for  and  securing  of
  reservation  easements  necessary to such plans from landowners affected
  thereby, and to provide for multiple use outside the counties  of  Kings
  and Queens of transportation rights of way. The expense of such surveys,
  studies,  plans  and  easements  necessary for joint development of such
  facilities and provision for multiple use of such rights of way shall be
  a  proper  charge  against  funds  available   for   the   construction,
  reconstruction  or  maintenance  of state transportation facilities. The
  term "municipality", as used in this subdivision, shall include  only  a
  county,  town, city or village. The term "joint development", as used in
  this chapter, shall mean cooperative action by the state  department  of
  transportation,   federal   and  other  state  government  agencies  and
  municipalities, with or without the assistance of private  organizations
  and  individuals,  to  prepare surveys, studies and plans, including the
  negotiating for and securing of reservation  easements  related  to  the
  development   or   adjustments  of  land  uses  which  are  affected  by
  construction of such facilities as well  as  the  surveys,  studies  and
  plans  incidental thereto.   The term "reservation easements" shall mean
  rights in real property, of a nature less than fee, which  are  acquired
  by  the  state pursuant to agreement with the owner of such property for
  the purposes of assuring the availability of such property for a  future
  transportation  need  and  to  prevent  the use of such property by such
  owner in a manner inconsistent with such need.