S T A T E O F N E W Y O R K
________________________________________________________________________
11671
I N A S S E M B L Y
July 30, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gantt) --
read once and referred to the Committee on Transportation
AN ACT to amend the transportation law, in relation to easement
exchanges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The transportation law is amended by adding a new section
14-n to read as follows:
S 14-N. EASEMENT EXCHANGE. 1. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
THE COMMISSIONER SHALL HAVE POWER TO ALLOW PROPERTY OWNERS TO EXCHANGE
EASEMENTS WITH ACCESS TO LOCAL ROADWAYS FOR EASEMENTS WITH ACCESS TO
STATE HIGHWAYS, SUCH THAT THE POINT OF ACCESS TO STATE HIGHWAYS SHALL
THEREAFTER BE OWNED BY A LOCAL GOVERNMENTAL ENTITY, AND BECOME A PUBLIC
ROAD.
2. THE FOLLOWING PROCESS SHALL BE UTILIZED TO APPROVE SUCH EASEMENT
EXCHANGES:
(A) THE LOCAL GOVERNMENT ENTITY REQUESTING AN EASEMENT EXCHANGE SHALL
CONDUCT A TRAFFIC STUDY ESTABLISHING A NEED FOR A NEW POINT OF ACCESS
AND FORWARD THAT STUDY TO THE COMMISSIONER;
(B) THE LOCAL GOVERNMENT ENTITY REQUESTING AN EASEMENT EXCHANGE SHALL
PREPARE A LAND USE PLAN THAT ESTABLISHES THE NEED FOR A NEW POINT OF
ACCESS, PREPARE AND VOTE IN FAVOR OF A RESOLUTION SUPPORTING THE LAND
USE PLAN, AND FORWARD BOTH DOCUMENTS TO THE COMMISSIONER; AND
(C) THE COMMISSIONER SHALL REVIEW ALL REQUIRED MATERIALS AND RENDER A
JUDGMENT WITHIN SIXTY DAYS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17970-01-0
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