§ 16-0117 — Use of lands acquired for other purposes for flood control; transfer by commissioner; dual purpose use

New York § 16-0117

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 16: Flood Control

Text

§ 16-0117. Use of lands acquired for other purposes for flood control;\n transfer by commissioner; dual purpose use.\n Notwithstanding any other provisions of this act or any other law, the\ncommissioner is authorized to use either exclusively for, or in\nconjunction with, flood control purposes any property under his\njurisdiction acquired for other public purposes. Transfer of such use\nshall be effected by an official order of the commissioner to be filed\nin the offices of the department and of the department of state,\naccompanied by a description and map of such property. When the use is\nto be exclusively for flood control purposes then upon such filing of\nthe description, map and official order of tranfer of use, the property\nshall be used and maintained for flood control purposes and be governed\nas though the said property was acquired pursuant to the provisions of\nthis article for flood control purposes. When dual use is to be made of\nsuch property for flood control purposes and other public purposes by\nthe state, the official order of transfer shall so certify, and upon\nsuch filing of the description, map and official order of transfer, the\nproperty shall be used and maintained for such dual purposes, and is, in\nthe discretion of the commissioner, to be governed either by this\narticle or the act under which jurisdiction was acquired by the\ncommissioner or both. When grade crossing elimination property is\ninvolved, the official order of transfer shall also be approved by the\ncommissioner of transportation.\n