34 - Transfer of unappropriated state lands for mental health, mental retardation, park, recreation, playground, reforestation, street or highway purposes.

§ 34. Transfer of unappropriated state lands for mental health, mental  retardation,  park,  recreation,  playground,  reforestation,  street or  highway purposes. 1. Such commissioner of  general  services  may,  from  time  to time, transfer and convey to a city, incorporated village, town  or county, in consideration of one dollar to be paid to the state of New  York, and on such terms and conditions as such commissioner may  impose,  a  part  or  all  of any parcel or parcels of unappropriated state lands  upon certification that such parcel or  parcels  are  useful  for  local  mental   health   facilities,   mental   retardation  facilities,  park,  recreation, playground, reforestation, street or highway  purposes,  and  that  they  will  be properly improved and maintained for one or more of  such purposes and provided that  this  disposition  of  such  parcel  or  parcels is not otherwise prohibited. Certification shall be evidenced by  a  formal  request  from  the board of estimate, common council, village  board, town board or county  board  of  supervisors,  setting  forth  in  detail  the  parcel  or parcels to be released, transferred and conveyed  and the availability and usefulness of such parcel or parcels for one or  more of such purposes. In the city of New  York  however,  certification  shall be evidenced by a formal request from the mayor. In the event that  lands  transferred under the provisions of this section are not properly  improved and maintained for one or more of the purposes contemplated  by  this  section  by  the  city, village, town or county to which they were  transferred, the title thereto shall revert to the people of  the  state  of  New  York,  and  the attorney-general may institute an action in the  supreme court for a judgment declaring a revesting of such title in  the  state.  Such  commissioner  may  also  transfer any unappropriated state  lands to the office of parks, recreation and  historic  preservation  or  the  department  of  environmental conservation, upon the application of  the commissioner thereof indicating that such unappropriated state lands  are required for state park purposes within the area of jurisdiction  of  such office or department.    2. The commissioner of general services may, in his or her discretion,  and upon such terms and conditions as such commissioner may impose, upon  application  of  the mayor of the city of New York, grant to the city of  New York, for public streets, parks, parkways,  playgrounds,  recreation  and  conservation  purposes, all of the right, title and interest of the  people of the state of New York, of, in and to any portion of the  lands  and  lands  under  water  in  Jamaica  bay  and  Rockaway inlets and the  tributaries thereto.