New York Highway Code § 349-G

Airport access mass transit for LaGuardia airport
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* § 349-g. Airport access mass transit for LaGuardia airport. (a)\nNotwithstanding any other provision of law, general, special, charter or\nlocal, and consistent with section fourteen-d of the transportation law,\nif a property acquisition pursuant to this section occurs by eminent\ndomain, the commissioner of transportation shall have the authority to\nacquire any property, property rights, or property interests, including\neasements, air rights and subsurface rights whether or not now or\npreviously designated as parkland or otherwise dedicated to a public use\nas parkland (hereinafter referred to as "property interests"), but only\nto the extent that such property interests are, in the judgment of the\ncommissioner, necessary for the construction, use, occupancy, operation,\nand maintenance of an airport access mass transit facility via an\nelevated guideway for LaGuardia airport and related ancillary facilities\nfor airport access mass transit maintenance, parking for persons using\nthe airport access mass transit facility and additional limited purposes\ndirectly related to operation of an airport access mass transit project\nand additional limited purposes directly related to the operation of an\nairport access mass transit project, temporary laydown and construction\nareas and air rights and subsurface rights related to an elevated\nguideway, including appropriate entry and exit points for users of the\nairport access mass transit facility and any property interests\nnecessary for an adjustment of the piers supporting the pedestrian\nbridges crossing the Grand Central Parkway to maintain accessibility,\nand any vehicle entry and exit points to the Grand Central Parkway\nlocated along either side of the corridor, running along a route from\nLaGuardia airport on or near the Grand Central Parkway, thence along the\nedge of the Citi Field parking lot previously alienated for stadium use,\nnext alongside the existing elevated track for the No. 7 subway and\nterminating at subway rail yards and other transportation staging and\nstorage areas within a corridor more specifically defined pursuant to\nsubdivision (b) of this section; and to utilize or sell, lease,\ncontract, or otherwise transfer the acquired property interests together\nwith property interests the commissioner otherwise holds and/or grant\neasements, licenses, permits, concessions or other authorizations, to\nthe Port Authority of New York and New Jersey, to facilitate the\nconstruction (including temporary laydown), and permanent use,\noccupancy, operation, and maintenance of the airport access mass transit\nfacility and related ancillary facilities for airport access transit\nmaintenance, parking for persons using the airport access transit\nfacility and additional limited purposes directly related to operation\nof an airport access mass transit project, and additional limited\npurposes directly related to operation of an airport access mass transit\nproject including appropriate entry and exit points for users of the\nmass transit facility and any property interests necessary for an\nadjustment of the piers supporting the pedestrian bridges crossing the\nGrand Central Parkway to maintain accessibility, and any vehicle entry\nand exit points to the Grand Central Parkway located along either side\nof the corridor, and temporary use for laydown and construction\npurposes; provided however, this section does not authorize acquisition\nof property interests for a self-standing facility constructed to house\npremises for automobile rental operations.\n  (b) The corridor defined in subdivision (a) of this section, where the\nacquisition of such property, property rights, or property interests\nreferred to in this section may occur, is more particularly described as\nfollows:\n  (i) The following parcels shall be included within a corridor within\nwhich acquisition of permanent property interests may be acquired for\npurposes of this section and paragraph d of subdi

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