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What is NYC AC § 22-107?

Quick Answer

This section allows the commissioner to establish the high water line in front of an upland owner's property through an agreement. It outlines the potential sale, purchase, or exchange of lands under water and requires transmission of agreements to the department of city planning and the mayor for approval. Applies to upland property owners involved in waterfront agreements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 22-107 Fixing the high water line.

AC § 22-107

a. The commissioner, by agreement with the upland owner, may fix, determine upon and establish the line of high water in front of the property of such upland owner upon such line or lines as the commissioner shall deem best adapted to the improvement of the water front. b. Such agreement may provide for the sale and conveyance to the upland owner of lands under water inside of such line, and for the purchase from such upland owner of lands outside of such line, or for the exchange of lands under water inside of such line for lands outside of such line. Such agreement for sale and conveyance, together with a map showing the lines so fixed, determined upon and established shall be transmitted to the department of city planning pursuant to the provisions of sections one hundred ninety-seven-c and one hundred ninety-nine of the charter. If such agreement involves the purchase or acquisition of such lands, the agreement, together with a map showing the lines so fixed, determined upon and established shall be transmitted to the mayor. Upon approval by the board of estimate of such agreement for sale and conveyance and upon approval of such agreement for purchase or acquisition by the board of estimate and by the mayor such sale and conveyance shall be made upon such terms and conditions as the board shall deem proper, and such purchase or exchange shall be made upon such terms and conditions as the board and the mayor shall deem proper.

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