New York Consolidated Laws

N.Y. Public Authorities Law § 1729 (2026)

Transfer of property

✓ current as of May 2026

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§ 1729. Transfer of property. 1. The city board and the city, acting
by the mayor alone or by resolution of the council, may convey or
transfer to the authority, with or without consideration and without any
further authorization, any real, personal or mixed property (including
inalienable property of the city, except for land mapped as parks), or
any interest therein, in order to assist the authority in implementing a
five-year educational facilities capital plan.
  2. In the event the authority wishes to obtain city property for use
as an educational facility pursuant to an approved five-year educational
facilities capital plan, the authority shall request such property in
writing and shall submit such request directly to the mayor. The mayor
shall have thirty days to respond to such request. If the request is
denied, the mayor shall set forth in writing the reasons for such
denial, including whether the city intends to use such property for
other public uses. Such response shall be made available to the public
upon request. If the mayor fails to respond to such request, the
authority may, at the expiration of the thirty-day period, condemn such
property pursuant to its powers under subdivision six of section
seventeen hundred twenty-eight of this title.

Notes of Decisions

Cited in 2 cases, 2001–2002 · leading case: Westchester Creek Corp. v. New York City Sch. Constr. Auth., 286 A.D.2d 154 (N.Y. App. Div. 2001).

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Westchester Creek Corp. v. New York City Sch. Constr. Auth., 286 A.D.2d 154 (N.Y. App. Div. 2001). · cites it 2× “While respondent is similarly precluded from exercising its power of eminent domain to “condemn property dedicated to use, used or mapped as a city street” as well as “any other property owned by, or subject to any interest therein, of the city of New York” (Public Authorities…”

Westchester Creek Corp. v. New York City Sch. Constr. Auth., 774 N.E.2d 749 (NY 2002). “” Under the statute, SCA may not proceed with such condemnation until it *303 has submitted a request for the property to the Mayor and 30 days have passed without the Mayor denying the request (see Public Authorities Law § 1729 [2]).”

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