§ 14-e. Development of transportation corridors; multiple use outside
the counties of Kings and Queens of right of way. The commissioner of
transportation shall have power to provide, with or without federal aid,
for surveys, studies and plans which include the negotiating for and
securing of reservation easements necessary to the development of the
corridor through which a transportation facility will pass, in order to
jointly direct such development in cooperation with the municipality or
municipalities in which such transportation facility is to be
constructed and in connection with such construction to provide, to the
extent he deems feasible and in the best interest of the state, for
multiple use outside the counties of Kings and Queens of the right of
way of such transportation facility. Before any such surveys, studies
and plans, including the securing of necessary reservation easements
relevant to such joint development are commenced, the municipality or
municipalities in which the transportation facility is to be constructed
shall enter into an agreement with the commissioner concerning the same.
The commissioner and the municipality or municipalities in which a
transportation facility is to be constructed are hereby authorized to
enter into any and all necessary agreements, including provisions for
any sharing of costs, to carry out such surveys, studies and plans for
joint development, including the negotiating for and securing of
reservation easements necessary to such plans from landowners affected
thereby, and to provide for multiple use outside the counties of Kings
and Queens of transportation rights of way. The expense of such surveys,
studies, plans and easements necessary for joint development of such
facilities and provision for multiple use of such rights of way shall be
a proper charge against funds available for the construction,
reconstruction or maintenance of state transportation facilities. The
term "municipality", as used in this subdivision, shall include only a
county, town, city or village. The term "joint development", as used in
this chapter, shall mean cooperative action by the state department of
transportation, federal and other state government agencies and
municipalities, with or without the assistance of private organizations
and individuals, to prepare surveys, studies and plans, including the
negotiating for and securing of reservation easements related to the
development or adjustments of land uses which are affected by
construction of such facilities as well as the surveys, studies and
plans incidental thereto. The term "reservation easements" shall mean
rights in real property, of a nature less than fee, which are acquired
by the state pursuant to agreement with the owner of such property for
the purposes of assuring the availability of such property for a future
transportation need and to prevent the use of such property by such
owner in a manner inconsistent with such need.