Authorizes the city of New York to sell certain lands now or formerly under the waters of Whale Creek otherwise known as Wyckoff Creek, and formerly a tributary of Newtown Creek.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10883A
SPONSOR: Gallagher TITLE OF BILL:
An act to authorize the city of New York to sell certain lands now or
formerly under the waters of Whale Creek otherwise known as Wyckoff
Creek, and formerly a tributary of Newtown Creek
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the City of New York to grant, convey and release to abut-
ting upland owners certain lands now or formerly under the waters of
Whale Creek, otherwise known as Wyckoff Creek, and formerly a tributary
of Newtown Creek, located in the borough of Brooklyn.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the City of New York to sell and convey the lands
now or formerly under the waters of Whale Creek otherwise known as Wyck-
off Creek, and formerly a tributary of Newtown Creek, situated in lot 1
on block 2612 on the tax map of the city of New York for the borough of
Brooklyn.
Section 2 provides that the sale is authorized without competitive
bidding or public auction that would otherwise be required by section
384 of the New York City Charter. The sale would, however, be subject to
review and approval pursuant to the Uniform Land Use Review Procedure
specified in sections 197c and 197-d of the New York City Charter.
Section 3 provides that the City would only be permitted to sell the
lands now or formerly under water to people or entities that own upland
abutting real property at the time of the sale of the lands now or
formerly under water.
Section 4 provides that the City would be required to obtain an inde-
pendent appraisal of the property prior to sale. The City would also be
required to dedicate additional funds for the acquisition of additional
waterfront property and/or cause funds to be made available for capital
improvements to existing waterfront property in Brooklyn if the consid-
eration from the sale does not equal the fair market appraisal.
Section 5 provides that the act shall take effect immediately.
JUSTIFICATION:
The New York City Economic Development Corporation (NYCEDC) and the New
York City Department of Transportation (DOT) jointly lead the "Blue
Highways" initiative, which stems from the US Maritime Administration's
Marine Highway Program and seeks to increase the regional transportation
of freight within New York City's waterways. The initiative seeks to
shift freight traffic off crowded streets, which will reduce truck
congestion and lower greenhouse gas emissions, improving the quality of
life for New Yorkers.
Lot 1 on Block 2612 on the Tax Map of the City of New York for the
Borough of Brooklyn has been nominated as a "Blue Highways Opportunity
Site." Enabling the disposition by the City. of New York of the lands
formerly under water, which traverse the property, will support the
property's development as a Blue Highways facility, by allowing for
highly efficient site planning and marine court placement.This would
occur by permitting simultaneous barge operations as well as continuous
tug operations.
As the lands formerly under water are no longer subject to tidal flow
and have been legally filled in and incorporated into the adjacent
upland properties for many years, they no longer serve as,an active
waterway. Further, the abutting upland owners have occupied and improved
these lands. This legislation will enable the City of New York to convey
these lands to the abutting upland owners, thereby allowing the full use
and enjoyment of the property, support a Blue Highways development and
clarify title.
The enactment of this legislation is necessary to authorize the sale of
lands now or formerly under water, as such lands are otherwise inaliena-
ble pursuant to the provisions of section 20 of the General City Law and
section 383 of the New York City Charter.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state. The City of New York will receive consideration from
the sale of said lands as it may deem proper.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
10883--A
IN ASSEMBLY
April 8, 2026
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to authorize the city of New York to sell certain lands now or
formerly under the waters of Whale Creek otherwise known as Wyckoff
Creek, and formerly a tributary of Newtown Creek
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any inconsistent provisions of section 20
2 of the general city law or section 383 of the New York city charter
3 restricting the alienation of waterfront property and land under water,
4 the city of New York is hereby authorized to sell and convey all or any
5 part of the right, title and interest which the city now has in the
6 lands now or formerly under the waters of Whale Creek, otherwise known
7 as Wyckoff Creek, and formerly a tributary of Newtown Creek, situated in
8 lot 1 on block 2612 on the tax map of the city of New York for the
9 borough of Brooklyn. Except as otherwise provided in sections two and
10 three of this act, the sale of such lands shall be subject to section
11 384 of the New York city charter.
12 § 2. Notwithstanding any inconsistent provision of section 384 of the
13 New York city charter and subject to review pursuant to sections 197-c
14 and 197-d of the New York city charter, for a period of five years after
15 the effective date of this act, the mayor of such city may authorize the
16 sale, without competitive bidding and for such consideration and upon
17 such terms and conditions as shall be determined by the mayor of such
18 city, of the city's right, title and interest in the real property
19 described in section one of this act to an eligible person, persons or
20 entity, who or which are defined in section three of this act.
21 § 3. For purposes of this act, an eligible person, persons or entity
22 shall mean a person, persons or entity that owns abutting upland real
23 property at the time of such sale of property described in section one
24 of this act.
25 § 4. The alienation and conveyance of the waterfront property and land
26 underwater authorized by section one of this act shall not occur until
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15388-04-6
A. 10883--A 2
1 the city of New York obtains an independent appraisal of the lands to be
2 alienated. In the event that the consideration received by the city of
3 New York from the purchase of the alienated lands is not equal to the
4 fair market value of such property, the city of New York shall dedicate
5 additional funds for the acquisition of additional waterfront property
6 and/or cause funds to be made available for capital improvements to its
7 existing waterfront property in the borough of Brooklyn to equal such
8 fair market value appraisal.
9 § 5. This act shall take effect immediately.
