New York Laws
Article 16 - Flood Control
16-0117 - Use of Lands Acquired for Other Purposes for Flood Control; Transfer by Commissioner; Dual Purpose Use.

transfer by commissioner; dual purpose use.

Notwithstanding any other provisions of this act or any other law, the
commissioner is authorized to use either exclusively for, or in
conjunction with, flood control purposes any property under his
jurisdiction acquired for other public purposes. Transfer of such use
shall be effected by an official order of the commissioner to be filed
in the offices of the department and of the department of state,
accompanied by a description and map of such property. When the use is
to be exclusively for flood control purposes then upon such filing of
the description, map and official order of tranfer of use, the property
shall be used and maintained for flood control purposes and be governed
as though the said property was acquired pursuant to the provisions of
this article for flood control purposes. When dual use is to be made of
such property for flood control purposes and other public purposes by
the state, the official order of transfer shall so certify, and upon
such filing of the description, map and official order of transfer, the
property shall be used and maintained for such dual purposes, and is, in
the discretion of the commissioner, to be governed either by this
article or the act under which jurisdiction was acquired by the
commissioner or both. When grade crossing elimination property is
involved, the official order of transfer shall also be approved by the
commissioner of transportation.