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New York State Land Right-of-Way Overview (3-NY-b)

Information current as of 2022
In New York, a developer may need to obtain a state land right-of-way easement from the appropriate state agency if the project will be located in, on, or above State owned real property. “State-owned real property” includes all lands and buildings, structures, facilities, and improvements to which title is vested in the people of New York. N.Y. Pub. Lands Law §2. A developer may also need to obtain an easement from the New York State Office of General Services if the project will be located in, on, or above State owned underwater lands. N.Y. Comp. Codes R. & Regs. tit. 9 § 271-1.1;



State Land Right-of-Way Overview Process


3-NY-b.1 – Will Part of the Proposed Project Be Located In, On or Above State Lands Under the Jurisdiction of the Office of General Services?

The New York State Office of General Services (OGS) has jurisdiction and management control over all state lands not vested in another office, state department, division, bureau or agency. The commissioner of the OGS may grant rights and easements in perpetuity for the use of state lands under the OGS’s jurisdiction, including state lands underwater. N.Y. Pub. Lands Law §3.

If part of the proposed project will be located in, on, or above state lands under the jurisdiction of the OGS, the developer should contact the OGS for more information on applying for an easement to use state lands.

3-NY-b.2 to 3-NY-b.4 – Will Part of the Proposed Project Be Located In, On or Above State Lands Under Water?

In New York, most navigable waters, and the beds of navigable waters, are owned by the State. A developer may need to obtain an easement from the OGS if the project will be located in, on, or above State owned underwater lands. N.Y. Comp. Codes R. & Regs. tit. 9§ 271-1.1; New York State Office of General Services: Lands Underwater. For more information on obtaining an easement to use state lands underwater, see:

Easement to Use State Lands Underwater:
3-NY-f

3-NY-b.5 to 3-NY-b.7 – Will Part of the Proposed Project Be Located In, On or Above State Lands Outside the Jurisdiction of the Office of General Services?

If part of the project will be located in, on, or above state lands outside the jurisdiction of the OGS, the developer should contact the appropriate state agency with jurisdiction over the proposed project area. Constitutional and statutory restrictions may prohibit the use of State lands acquired for their open space values.


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Edit New York State Office of General Services
Real Estate Officer 1 518-474-2195 Visit Website

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