New York § 14-E - 14-EDevelopment of transportation corridors; multiple use outside the counties of Kings and Queens of right of way

§ 14-E. 14-EDevelopment of transportation corridors; multiple use outside the counties of Kings and Queens of right of way

§ 14-e. Development of transportation corridors; multiple use outside the counties of Kings and Queens of right of way. The commissioner of transportation shall have power to provide, with or without federal aid, for surveys, studies and plans which include the negotiating for and securing of reservation easements necessary to the development of the corridor through which a transportation facility will pass, in order to jointly direct such development in cooperation with the municipality or municipalities in which such transportation facility is to be constructed and in connection with such construction to provide, to the extent he deems feasible and in the best interest of the state, for multiple use outside the counties of Kings and Queens of the right of way of such transportation facility. Before any such surveys, studies and plans, including the securing of necessary reservation easements relevant to such joint development are commenced, the municipality or municipalities in which the transportation facility is to be constructed shall enter into an agreement with the commissioner concerning the same. The commissioner and the municipality or municipalities in which a transportation facility is to be constructed are hereby authorized to enter into any and all necessary agreements, including provisions for any sharing of costs, to carry out such surveys, studies and plans for joint development, including the negotiating for and securing of reservation easements necessary to such plans from landowners affected thereby, and to provide for multiple use outside the counties of Kings and Queens of transportation rights of way. The expense of such surveys, studies, plans and easements necessary for joint development of such facilities and provision for multiple use of such rights of way shall be a proper charge against funds available for the construction, reconstruction or maintenance of state transportation facilities. The term "municipality", as used in this subdivision, shall include only a county, town, city or village. The term "joint development", as used in this chapter, shall mean cooperative action by the state department of transportation, federal and other state government agencies and municipalities, with or without the assistance of private organizations and individuals, to prepare surveys, studies and plans, including the negotiating for and securing of reservation easements related to the development or adjustments of land uses which are affected by construction of such facilities as well as the surveys, studies and plans incidental thereto. The term "reservation easements" shall mean rights in real property, of a nature less than fee, which are acquired by the state pursuant to agreement with the owner of such property for the purposes of assuring the availability of such property for a future transportation need and to prevent the use of such property by such owner in a manner inconsistent with such need.