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What is NYC AC § 22-133?

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This section outlines the process for the city to acquire real property necessary for the development of terminal facilities as part of approved plans. The mayor may direct the commissioner to acquire such property, which can include additional land for public use. Applies to city agencies involved in property acquisition for terminal facilities.

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

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§ 22-133 Acquisition of the necessary real property.

AC § 22-133

a. After the adoption and certification of such plans, and the filing thereof in the office of the commissioner, the mayor may direct the commissioner to acquire any and all real property included in such plans or any interest therein, which may be necessary for the creation of the terminal facilities shown upon the map or maps forming part of such plans. The proceedings for the acquisition of the title to such property shall be taken and conducted in the manner prescribed in subchapter one of chapter three of title five of the code. b. Whenever, at any height, or depth, an area of land is required for the purposes of such terminal facilities, the entire fee of land furnishing such area, or such lesser estate therein, as the board of estimate shall deem needed for public use may be so acquired; and the city may use for other public purposes, or may lease or permit the use for storage, warehousing, manufacturing or otherwise, of such levels and parts of levels thereof as from time to time may not be required for such terminal facilities. c. The area of land to be so acquired may include such area, additional and adjacent to that required for the structure of such terminal ways or stations, as such board may authorize and certify as required to be replotted, regraded or otherwise adapted for convenient access to and use of such ways or stations or other improvement of the water front of the city in connection therewith. d. Such parts of the lands acquired by the city under and pursuant to the provisions of this subchapter which in the judgment of the board of estimate are no longer required for the improvement of the water front facilities of the city or for any other public purpose, except the part of such lands so acquired as have been heretofore assigned by the board of estimate to the use of the department of ports and trade, may be sold by the city in the manner prescribed by subdivision b of section three hundred eighty-four of the charter. The proceeds of such sale shall be paid into the real property fund. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

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