§ 22-104 Lands under water not within the projected boundary lines of streets; patenting of.
AC § 22-104
a. Patents of land under water within the city shall be made only to the city or to the riparian proprietor. Where, pursuant to section seven hundred five of the charter or section 22-132 of this chapter, a plan or plans for the construction of docks between street intersections shall be projected, the commissioner of ports and trade, with the approval of the board of estimate, may make application to the commissioner of the state department of general services for a grant of lands under water for that purpose. Such state commissioner thereupon shall give notice to the riparian proprietor before taking action in the matter and shall then make such grant to the city for the purposes specified in section 22-103 of this subchapter. Such grant, however, shall be subject to all the rights of the riparian proprietor, and before the city shall construct such public wharves or other structures in front of the land of such riparian proprietor, the city shall make just compensation to such proprietor for the value of all the riparian rights. b. Where application is made to the commissioner of the state department of general services by the riparian proprietor for a grant of soil or lands under water within the city, such state commissioner shall give notice thereof to the commissioner of ports and trade who shall examine into such application and certify to such state commissioner whether in his or her opinion the granting of the same will conflict with the rights of the city or be otherwise injurious to the public interests of the city. Such grant, if made, shall be confined to lands under water in front of such riparian proprietor and such state commissioner may insert such terms and conditions in the grant as are recommended by the commissioner of ports and trade and as will protect the public interests of the city in respect to navigation and commerce. The validity of any such grant or patent may be judicially determined in an action brought by and in the name of the city. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.
