New York Environmental Conservation Law Section 16-0117 - Use of lands acquired for other purposes for flood control; transfer by commissioner; dual purpose use.

16-0117. Use  of  lands acquired for other purposes for flood control;
           transfer by commissioner; dual purpose use.
Notwithstanding any other provisions of this act or any other law, the
  commissioner  is  authorized  to  use  either  exclusively  for,  or  in
  conjunction   with,  flood  control  purposes  any  property  under  his
  jurisdiction acquired for other public purposes. Transfer  of  such  use
  shall  be  effected by an official order of the commissioner to be filed
  in the offices of  the  department  and  of  the  department  of  state,
  accompanied  by  a description and map of such property. When the use is
  to be exclusively for flood control purposes then upon  such  filing  of
  the  description, map and official order of tranfer of use, the property
  shall be used and maintained for flood control purposes and be  governed
  as  though  the said property was acquired pursuant to the provisions of
  this article for flood control purposes. When dual use is to be made  of
  such  property  for  flood control purposes and other public purposes by
  the state, the official order of transfer shall  so  certify,  and  upon
  such  filing of the description, map and official order of transfer, the
  property shall be used and maintained for such dual purposes, and is, in
  the discretion of the  commissioner,  to  be  governed  either  by  this
  article  or  the  act  under  which  jurisdiction  was  acquired  by the
  commissioner or  both.  When  grade  crossing  elimination  property  is
  involved,  the  official order of transfer shall also be approved by the
  commissioner of transportation.

Last modified: February 3, 2019