§ 22-105 Wharf property; proceedings to acquire.
AC § 22-105
a. The commissioner may agree with the owners of any wharf property, or uplands upon a price for the same and shall certify such agreement to the mayor. If the mayor approve such agreement, the commissioner shall take from the owners at such price, the necessary conveyances and covenants for vesting such wharf property or uplands in, and assuring the same to the city of New York forever, and such owner shall be paid such price by the city. If, however, the commissioner shall determine that the city should acquire such wharf property or uplands by condemnation, without first attempting to agree with the owners thereof for its purchase, the commissioner may, with the approval of the mayor direct the corporation counsel to take legal proceedings to acquire the same for the city. Thereupon, the corporation counsel shall take the same proceedings to acquire such wharf property or uplands as are provided for the taking of private property in the city for public streets or places, and the provisions of subchapter one of chapter three of title five of the code are hereby made applicable, as far as may be necessary, in any legal proceeding taken under this section. Before any such proceeding shall be instituted, a statement shall be furnished to the mayor of the valuation of the real property to be acquired as assessed for purposes of taxation. The title to such property shall vest in the city upon the date of the filing of the survey or map showing the real property to be acquired subdivided into parcels corresponding with the separate ownerships thereof in the office of the clerk of the county where such proceeding is pending; and all of the rights, title and interest of any and all of the owners or persons interested in such wharf property or uplands, shall cease and determine and be extinguished at such time. All the awards made in such proceedings for the value of property acquired or interests extinguished shall draw interest from the time of the vesting of the title in the city. b. The commissioner, with the approval of the board of estimate, may agree, license and permit private owners of any wharf property, to make the necessary improvements upon their property, so as to conform to the water front plan during the period which shall intervene prior to the extinguishment of such private ownership by the city. Such improvements shall be made by such owners under the supervision of or by the commissioner, as may be agreed upon, at the cost and expense of such private owners, in the first instance, and upon such reasonable terms as to reimburse such private owners for such improvements, and as to wharfage and other riparian rights thereon and therefrom, as may be agreed upon.
