Section 34. Transfer of unappropriated state lands for mental health, mental retardation, park, recreation, playground, reforestation, street or highway purposes  


Latest version.
  • 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,   mental   retardation  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.