In the event that any site or plot of ground, transferred to the United States, for the erection and maintenance of a light and fog signal at Hunt's Point Park, in the borough of the Bronx, should become unnecessary or cease to be used for such purposes, such site shall revert to the city, as if such transfer had not been made.
The lands situate in the county of Westchester which were taken by the city, by virtue of the act entitled "An act to provide for supplying the city of New York with pure and wholesome water" passed May second, eighteen hundred thirty-four, shall be held and appropriated by the city for the use and purpose of introducing water into the city, and for purposes necessarily incident thereto, and for no other uses or purposes whatever. In case the city should use any of such lands situate in the county of Westchester for purposes other than in this section permitted, or in case such land should not be required for the purpose of introducing water into the city, such lands so improperly used, or not so required, shall become vested in the individual from whom such city obtained it, as full and perfectly as though such act had never been enacted, upon repaying to the city the amount originally paid for the same, after deducting from such amount the damages sustained by such individual by reason of any alteration or work which the city may have made upon such land.
a. Title acquired or to be acquired by the city to any uplands, filled in lands, lands under water, estates, rights, easements, interests or privileges for public beaches on the Atlantic ocean from the westernmost point of Coney Island to the westerly line of Beach Second street, in the borough of Queens, and on the lower New York bay from the southerly line of the United States reservation Fort Wadsworth to the northerly line of the United States reservation Miller Field, in the borough of Richmond, in each and every case shall be a title in fee in trust for the use of the public to pass and repass over and along such public beach and beaches in the same manner as public beaches ordinarily are used. The owners of property abutting on the inland side of any such public beach or beaches shall possess easements of light, air and access over, along and across such public beach or beaches to the Atlantic ocean and to the lower New York bay, as the case may be, and a frontage on and access to such public beaches, streets, parks, avenues, boulevards, promenades, walks and boardwalks as may be authorized and constructed within the same.
b. Where such owners have laid out and are maintaining pipes for the drawing and discharging of sea water under the soil to be acquired for a public beach, they shall have the right to maintain such pipes under the soil of such public beach or beaches for the purpose only of drawing and discharging sea water, the maintenance of such pipes to be under the supervision of the commissioner of parks and recreation. Where owners have not laid and are not maintaining pipes under such soil for drawing and discharging of sea water, the board of estimate, under such terms and conditions as to it shall seem proper, may grant to such owners the right to lay and maintain pipes for the drawing and discharging of sea water only under the soil of such public beach or beaches.
a. Whenever the city shall have any right, title or interest in and to the land lying within a private street, however acquired, or within a street, closed or discontinued in whole or in part, the owner of land fronting thereon at the time of acquisition of such private street or at the time of such closing or discontinuance, or the owner's heirs or assigns, may acquire, such right, title and interest in and to any parcel or parcels of such land lying in front of the lands owned by such person or persons, upon payment to the commissioner of finance for the right title or interest to be acquired within such private street or within such closed or discontinued street of such consideration as shall be determined by the commissioner of citywide administrative services; provided, however, that, except as otherwise provided by law, such consideration shall be in an amount not less than the appraised value of such right, title or interest as determined by appraisal made within six months prior to the authorization of such conveyance.
b. Such owner or owners or owner's heirs or assigns or the department of citywide administrative services on behalf of such owner or owners or owner's heirs or assigns shall apply, in writing, to the department of city planning for such conveyance either simultaneously with an application for the closing or discontinuance of a street or not later than two years after the acquisition of such private street or not later than two years after the closing or discontinuance of such closed or discontinued street. The department of city planning shall process such application pursuant to sections one hundred ninety-seven-c and one hundred ninety-seven-d of the charter. The department of city planning shall notify or cause to be notified all other owners eligible to purchase such right, title or interest pursuant to the provisions of this section of the filing of such application prior to certifying that such application is complete. Such notice shall be served by registered or certified mail addressed to the last known address of such owner or owners, as the same appears in the records of the office of the commissioner of finance or if there is no name in such records, such notice may be served by ordinary mail addressed to "Owner" at the street address of the improvement parcel or property in question. Failure by the department to give such notice or cause such notice to be given shall not invalidate any proceedings with respect to such application. If the conveyance is approved by the mayor and in the manner prescribed by any applicable provisions of sections one hundred ninety-seven-c and one hundred ninety-seven-d of the charter, the mayor shall cause to be prepared and delivered to such owner or owners or owner's heirs or assigns a conveyance of the right, title and interest of the city in and to such parcel or parcels of land in such form as shall be approved by the corporation counsel. Such conveyance shall be delivered to such owner or owners or owner's heirs or assigns upon payment of the sum required by subdivision a hereof to be paid.
c. The mayor, in conveying such right, title or interest, shall not be obliged to convey the right, title or interest of the city in and to the land within one-half of such private or such closed or discontinued street to the owner of the land abutting on such half. Subject to any land use restrictions imposed pursuant to sections one hundred ninety-seven-c or one hundred ninety-seven-d of the charter, the mayor may convey all right, title or interest of the city in and to the lands in such private or such closed or discontinued street to the owner of the land abutting on one side thereof, whenever in his or her judgment it shall be just and proper, or in the best interests of the city, to do so, or to such abutting owners as require the same to make their abutting lands more available for improvements.
d. Subject to the provisions of section three hundred eighty-four of the charter, the mayor may at any time sell or otherwise dispose of the right, title and interest of the city in and to so much of the land lying within such private or such closed or discontinued street for which no application has been filed pursuant to this section, to any person or persons whomsoever upon such terms and conditions as the mayor may deem proper.
e. The provisions of this section which refer to land or lands lying within a private street or within a street 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 the air space over such street.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
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