STATE OF NEW YORK
________________________________________________________________________
11671
IN ASSEMBLY
July 30, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gantt) --
read once and referred to the Committee on Transportation
AN ACT to amend the transportation law, in relation to easement
exchanges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The transportation law is amended by adding a new section
2 14-n to read as follows:
3 § 14-n. Easement exchange. 1. Notwithstanding any law to the contrary,
4 the commissioner shall have power to allow property owners to exchange
5 easements with access to local roadways for easements with access to
6 state highways, such that the point of access to state highways shall
7 thereafter be owned by a local governmental entity, and become a public
8 road.
9 2. The following process shall be utilized to approve such easement
10 exchanges:
11 (a) The local government entity requesting an easement exchange shall
12 conduct a traffic study establishing a need for a new point of access
13 and forward that study to the commissioner;
14 (b) The local government entity requesting an easement exchange shall
15 prepare a land use plan that establishes the need for a new point of
16 access, prepare and vote in favor of a resolution supporting the land
17 use plan, and forward both documents to the commissioner; and
18 (c) The commissioner shall review all required materials and render a
19 judgment within sixty days.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17970-01-0