§ 34-b. Acquisition of air space and air and subsurface rights. 1.
Notwithstanding any other provision of law to the contrary, the
governing board of a municipal corporation as defined in the general
municipal law in which land or real property had previously been
acquired by the state or any of its duly constituted agencies for an
appropriate public use may apply to the commissioner of general services
in the executive department for conveyance to it of a grant, release,
quitclaim or other appropriate instrument of all the right, title and
interest of the state of New York in and to the air space and air and
subsurface rights, easements therein and lands adjacent thereto which
had been appropriated or otherwise acquired by the state within such
municipality. The granting of any such application shall be in the
discretion of the commissioner and the head of the department or agency
having jurisdiction over the property and subject to their determination
that such conveyance would be compatible with the existing state needs
and uses of the property in question and upon such reasonable
consideration, terms and conditions as the commissioner may determine.
No such conveyance shall be leased or utilized for private or municipal
utility services. No conveyance shall be permitted with respect to
existing or proposed state parkways.

2. The commissioner of general services shall include as a part of
such conveyance such terms and conditions as he may reasonably deem to
be appropriate with respect to the form, manner and provisions under
which the municipality may dispose of said air space and air and
subsurface rights and adjacent areas in conformity with provisions of
the general municipal law.

3. The development of any property interest by the lessee or developer
of said air space and air and subsurface rights and adjacent areas from
the municipality shall be subject to the zoning regulations, ordinances
and planning requirements of the municipality in which said property is
located and to the support, protection or relocation of any public
utility facilities within the right of way of any highways within said
property at the sole cost of the municipality, lessee or developer. No
such development shall deprive an abutting landowner of his right of
access.

4. The terms of the conveyance to the municipal corporation shall be
determined by the commissioner of general services with the approval of
the director of the budget as to the adequacy of the consideration
therefor and shall be submitted to the commissioner of the agency having
jurisdiction over the property involved for his consideration and
approval. Each such instrument of conveyance shall be prepared by the
commissioner of general services and prior to delivery of possession of
the subject property rights in the air, air space, subsurface rights,
easements therein and lands adjacent thereto shall be approved by the
attorney general as to form and manner of execution.

5. The commissioner of general services shall promulgate reasonable
rules and regulations after consultation with the commissioner of
transportation and the commissioners or heads of any other affected
state agencies strictly consistent with the purposes of and designed to
carry out the provisions of this section.