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.