Section 381.
§ 381. Authority to acquire real property. The city may acquire
title in fee to real property or any interest therein whenever required
for any public or municipal use or purpose or for the promotion of
public utility, comfort, health, enjoyment or adornment. Such title or
interest shall be acquired according to law by purchase, condemnation or
otherwise.
Section 382.
§ 382. Notice to owners of proceeding to acquire property. In
addition to all other requirements of law, written notice of the
application to have compensation for real property ascertained in any
proceeding brought by the city to acquire title to real property shall
be given by the corporation counsel to the owners of all property
affected by the proceeding at least ten days prior to such application,
by mailing the same to such owners at the address registered or filed
with the commissioner of finance for the purpose of forwarding to them
bills for taxes, assessments and frontage water rates. Such notice
shall state the purpose for which the property is to be acquired and the
date when such application will be presented and shall contain a copy of
such application. Upon request by the corporation counsel, the
commissioner of finance shall furnish a certified list of the registered
or filed names and addresses of such owners. Failure to comply with the
directions contained in this section shall not invalidate or affect the
proceeding.
Section 383.
§ 383. Inalienable property. The rights of the city in and to its
water front, ferries, wharf property, bridges, land under water, public
landings, wharves, docks, streets, avenues, highways, parks, waters,
waterways and all other public places are hereby declared to be
inalienable; but upon the closing or discontinuance of any street,
avenue, park or other public place, the property may be sold or
otherwise disposed of as may be provided by law, and leases of land
under water, wharf property, wharves, docks and piers may be made as may
be provided by law. Nothing herein contained shall prevent the granting
of franchises, permits and licenses in respect to inalienable property.
Section 384.
§ 384. Disposal of property of the city. a. No real property of the
city may be sold, leased, exchanged or otherwise disposed of except with
the approval of the mayor and as may be provided by law unless such
power is expressly vested by law in another agency.
b. Except as otherwise specifically provided by law:
1. The mayor may authorize the sale or lease only for the highest
marketable price or rental, at public auction or by sealed bids and
after advertisement for at least thirty days in the City Record, of any
real property belonging to the city or any interest therein. No such
sale or lease shall be authorized until a public hearing has been held
with respect to such sale or lease after the publication of notice in
the City Record at least thirty days in advance of such hearing. No such
lease shall run for a term longer than ninety-nine years. Any conveyance
or lease may provide for the restriction of the use of such real
property.
2. Real property of the city may be leased only after appraisal made
within six months prior to the authorization of the lease by the mayor,
provided, however, that advertisement for a public auction or for sealed
bids shall be commenced within sixty days of such authorization.
3. Real property of the city may be sold only after appraisal made
within six months prior to the authorization of the sale and after a
review of such appraisal by the department of citywide administrative
services within thirty days prior to authorization of sale, provided
that advertisement for the public auction for such sale shall be
commenced within sixty days of such authorization.
4. Notwithstanding the provisions of this charter, or any general,
special, or local law to the contrary, the mayor may, with the approval
of a majority of the members of the borough board of the borough in
which such real property is located, lease or sell any real property of
the city, except inalienable property or any interest therein, to a
local development corporation without competitive bidding and for such
purpose or purposes and at such rental or for such price as may be
determined by the mayor to be in the public interest, and no such lease
shall run for a term longer than ninety-nine years.
* 4-a. Notwithstanding the provisions of paragraph one of this
subdivision, the mayor may, without public auction or sealed bids,
authorize the sale of real property of the city, except inalienable
property or any interest therein, that cannot be independently
developed, directly to private owners of abutting property, and/or an
entity or entities comprised thereof. The consideration for a sale of
real property pursuant to this paragraph shall be the fair market value
of such parcel as determined by appraisal. For purposes of this
paragraph, real property that cannot be independently developed shall
mean property that cannot be developed due to its size, shape,
applicable zoning, configuration or topography, which factors, singly or
in combination, render the development of such property economically
impracticable or infeasible. No such sale directly to private property
owners shall take place without a public auction or sealed bids (i)
unless a finding by the mayor, based on a certification by the
commissioner of citywide administrative services that independent
development is economically impracticable or infeasible, has been made
that such sale is in the best interests of the city, and (ii) until a
public hearing has been held with respect to such sale after the
publication of notice in the City Record at least thirty days in advance
of such hearing, and (iii) at least thirty days in advance of such
hearing, a copy of the aforesaid notice in the City Record has been
mailed to each abutting property owner accompanied by a statement that
the real property to be sold without auction abuts such property owner's
property. Any conveyance may provide for the restriction of the use of
such real property. Nothing in this paragraph exempts dispositions of
real property to abutting owners (and/or an entity or entities comprised
thereof) from any applicable review and approval requirements set forth
in sections one hundred ninety-seven-c and one hundred ninety-seven-d of
this charter.
* NB Repealed December 31, 2015
5. Any application for the sale, lease (other than lease of office
space), exchange or other disposition of real property of the city shall
be subject to review and approval pursuant to sections one hundred
ninety-seven-c and one hundred ninety-seven-d. Such review shall be
limited to the land use impact and implications of the proposed
transaction.
(a) A community board may waive the conduct of a public hearing and
the preparation of a written recommendation with respect to any proposed
lease of property which in the judgment of the board does not involve a
substantial land use interest.
(b) The city planning commission may waive a public hearing on any
application involving a lease of property.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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