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This entry was published on 2022-07-29
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SECTION 34
Transfer of unappropriated state lands for mental health, developmental disabilities, park, recreation, playground, reforestation, street...
Public Lands (PBL) CHAPTER 46, ARTICLE 3
§ 34. Transfer of unappropriated state lands for mental health,
developmental disabilities, park, recreation, playground, reforestation,
street or highway purposes. 1. Such commissioner of general services
may, from time to time, transfer and convey to a city, incorporated
village, town or county, in consideration of one dollar to be paid to
the state of New York, and on such terms and conditions as such
commissioner may impose, a part or all of any parcel or parcels of
unappropriated state lands upon certification that such parcel or
parcels are useful for local mental health facilities, developmental
disabilities facilities, park, recreation, playground, reforestation,
street or highway purposes, and that they will be properly improved and
maintained for one or more of such purposes and provided that this
disposition of such parcel or parcels is not otherwise prohibited.
Certification shall be evidenced by a formal request from the board of
estimate, common council, village board, town board or county board of
supervisors, setting forth in detail the parcel or parcels to be
released, transferred and conveyed and the availability and usefulness
of such parcel or parcels for one or more of such purposes. In the city
of New York however, certification shall be evidenced by a formal
request from the mayor. In the event that lands transferred under the
provisions of this section are not properly improved and maintained for
one or more of the purposes contemplated by this section by the city,
village, town or county to which they were transferred, the title
thereto shall revert to the people of the state of New York, and the
attorney-general may institute an action in the supreme court for a
judgment declaring a revesting of such title in the state. Such
commissioner may also transfer any unappropriated state lands to the
office of parks, recreation and historic preservation or the department
of environmental conservation, upon the application of the commissioner
thereof indicating that such unappropriated state lands are required for
state park purposes within the area of jurisdiction of such office or
department.

2. The commissioner of general services may, in his or her discretion,
and upon such terms and conditions as such commissioner may impose, upon
application of the mayor of the city of New York, grant to the city of
New York, for public streets, parks, parkways, playgrounds, recreation
and conservation purposes, all of the right, title and interest of the
people of the state of New York, of, in and to any portion of the lands
and lands under water in Jamaica bay and Rockaway inlets and the
tributaries thereto.