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L. 1909, cha 50

Escheated Lands

$$ 63-65

as determined by the commissioners, of all the property of any such owner escheated to the state and not conveyed or released by the state, shall not exceed one hundred thousand dollars, and of the property sought to be released shall not exceed ten thousand dollars. The conveyance shall contain a brief recital of the determinations required to be made by the commissioners on the hearing of the petition, and of all the terms and conditions on which the conveyance is made.

This section was derived from the Public Lands Law of 1994, 62.

Cited. This section was cited in Op. Atty.-Gen. (1909) 938; Op. Atty.Gen. (1909) 940; Op. Atty.-Gen. (1909) 956; Op. Atty.-Gen. (1909) 959; Op. Atty.-Gen. (1908) 561; Op. Atty.-Gen. (1908) 572; Op. Atty.-Gen. (1907) 628; Op. Atty.-Gen. (1905) 563; Op. Atty.-Gen. (1905) 613; Op. Atty.-Gen. (1905) 619; Op. Atty.-Gen. (1904) 508.

$ 63. Effect of deed on rights of others. No such conveyance shall impair or affect any right, title, interest or estate in or to the lands thereby released, of any heir-at-law, devisee, grantee, mortgagee or creditor of any person having an interest in the real property released immediately prior to the escheat thereof, or of any person having a lien or ineinbrance thereon, through, under or by any person having any interest therein immediately prior to the escheat.

This section was derived from the Public Lands Law of 1894, § 63.

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$ 64. Protest; notice of hearing petition. Any person may file, at any time, with the secretary of state, i protest, stating his name, residence and post-office address, against the conveyance or release by the state of any interest of the people of the state, acquired by escheat, in any real property described in such protest. The secretary of state shall present such protest to the commissioners of the land office at their next meeting thereafter, and the commissioners shall, if practicable, cause a notice of their hearing of any petition for the conveyance or release of any such real property, to be given to each person tiling such protest, in such manner as will enable such person to appear before them on such hearing. They may, in their discretion, cause like notice to be given to any other person, of the hearing of any petition for the release by the state of any interest of the people of the state in any real property acquired by excheat, or may cause notice of such petition to be given generally by publication in a newspaper published in the county in which such real property is situated.

This section was derived from the Public Lands Law of 1994, § 64.

§ 65. Disposition of moneys received; annual report. All moneys received by the commissioners from any such petitioner on account of any such conveyance shall be paid by them forthwith to the state treasurer. The commissioners shall, annually,

$$ 66-68

Escheated Lands

L. 1909, cha 50

in the month of January, report to the legislature their proceedings on each petition presented under this article during the previous year, stating briefly all the facts determined by them on the hearing of such petition, the terms and conditions of each conveyance so made by them, the name of each grantee therein, and all moneys received by them in pursuance thereof, and their reason for refusal of any such petition presented to them, and whether any petitioner declined to accept any such conveyance on the terms and conditions fixed by the commissioners, and if the legislature be in session at the time of their refusal of any such petition, or of any such declination to accept such conveyance, the commissioners shall forthwith report to the legislature such petition and a like statement of their proceedings thereon.

This section was derived from the Public Lands Law of 1894, § 65.

$ 66. Lands held under written contract. Where lands have been escheated to the state, and the person last seized was a citizen or capable of taking and holding real property, the commissioners of the land office shall fulfill any contract made by such person or by any person from whom his title is derived, in respect to the sale of such lands, so far only as to convey the right and title to the state, pursuant to such contract, without any covenants of warranty or otherwise, and shall allow all payments which may have been made on such contracts. If any part of such escheated land has been occupied under a verbal agreement for the purchase thereof, and the occupants have made valuable improvements thereon, such agreement shall be as valid and effectual as if it were in writing.

This section was derived from the Public Lands Law of 1894, § 66.
Cited. This section was cited in Op. Atty.-Gen. (1904) 462.

$ 67. Agents. The commissioners of the land office may employ an agent to explore lands supposed to be escheated and collect evidence in relation to such escheat. The expenses incurred shall be paid out of the avails of esheated lands, on being audited by the commissioners, but such expenses shall not exceed the sum of five hundred dollars, in any one year.

This section was derived from the Public Lands Law of 1894, § 67.
Cited. - This section was cited in Op. Atty.-Gen. (1908) 572.

§ 68. Escheated lands subject to trusts and incumbrances. Lands escheated to the state for defect of heirs shall be held subject to the same trusts and incumbrances to which they would have been subject if they had descended.

This section was derived from the Public Lands Law of 1894, § 68.
Payment of incumbrences on public lands: see supra, $ 19.

L. 1909, cha 50

Escheated Lands

§ 69

Lien of creditors.- It was held in Mooers v. White. (1822) 6 Johns. Ch. 360, that the escheat of title to the state by reason of the alienage of a devisee did not defeat the lien of creditors of the devisor.

Cited.— This section was cited in Farmers Loan, etc., Co. v. People, (1843) 1 Sandf. Ch. 139.

§ 69. Certain patents ratified and confirmed. Patents or real property escheated to the state, granted before the sixteenth day of May, eighteen hundred and ninety-two, pursuant to resolutions of the commissioners of the land office, adopted under or in pursuance of chapter two hundred and seventy-nine of the laws of eighteen hundred and ninety, have been ratified and confirmed unto the patentees therein, their heirs and assigns.

This section was derived from the Public Lands Law of 1894, 8 69.
Certain patents and grants ratified: see supra, § 12.

§ 75

Grants of Lands under Water

L. 1909, clh. 50

ARTICLE 6

GRANTS OF LANDS UNDER WATER

Section 75. Grants of land under water.

76. Notice of application therefor.

$ 75. Grants of land under water. This section authorizes grants of land under water:

1. Of navigable rivers and lakes. 2. Of the Iludson river adjacent to the state of New Jersey.

3. Adjacent to and surrounding Great Barn island in the city and county of New York, and between high and low water mark on such island, but not so as to affect the navigation of the waters surrounding such island.

4. Adjacent to and surrounding Staten Island, but not so as to extend more than five hundred feet into the water from lowwater mark on said island, except where the legally established pier and bulkhead lines extend more than five hundred feet beyond low-water mark, in which case grants may be made to such lines.

5. Adjacent to and surrounding Long Island, and all that part of the former or present county of Westchester lying on the East river or Long Island sound, but not beyond any permanent exterior water line established by law. The commissioners of the land office may grant in perpetuity or otherwise, to the owners of the lands adjacent to the lands under water specified in this section, to promote the commerce of this state or for the purpose of beneficial enjoyment thereof by such owners, or for agricultural purposes, so much of said lands under water as they deem necessary for that purpose. No such grant shall be made to any person other than the proprietor of the adjacent lands, and any such grant made to any other person shall be void. No such grant shall be made of any lands belonging to the city of New York, or so as to interfere with the rights of that city or of the Iludson River railroad company, or of its successor the New York Central and Hudson River Railroad Company. In addition to the foregoing: the commissioners of the land office may authorize the use of lands of the state under water, for the purpose of improvement of navigation when the same is carried on by the federal or state government; but private rights or rights of property of individuals, if any, of any nature or description, shall not be taken away nor impaired nor impeded without due

process of law.

This section was derived from the Public Lands Law of 1894, § 70, as amended by L. 1895, ch. 208, § 1.

L. 1909, cha 50

Grants of Lands under Water

§ 75-a

$ 75-a. [Surrender of grant.] A grantee or his successor in interest, may at his option surrender to the state, without consideration or for a compensation to be determined by the commissioners of the land office, the lands under water theretofore granted to him or any part thereof, by filing with the secretary of state a certificate duly executed and acknowledged, declaring his intention of such surrender and containing a description of the lands surrendered, subject to the acceptance of such surrender by said commissioners; and such surrender when so accepted shall be without prejudice to an application for a new grant upon such terms and conditions is said commissioners may determine.

New. Added by L. 1917, ch. 657.

1. Generally, 41 II. When grant should be made, 14

I. GENERALLY

River improrement: see CONSERVATION LAW, $ 106 et seq.

Constitutional limitations on power of eminent domain: see ('ONSTITUTION, art. 1, $s 6. 7.

Constitutionality. The present statute is not imconstitutional as a delegittion of the powers and functions of the legislature. Rumsey v. New York, etc., R. Co., (1891) 130 N. 1. SS, 25. X. E. 763.

Power to grant lands in fee.- The commissioners of the land office have power under the present section to grant lands under waters in fee. People v. Steeplechase Park ('o., (1916) 215 N. Y. 159, 11:3 N. E. 521, modifying judgment 165 App. Div. 2:31, 151 X T. S. 157; Op. Anty-Gen. (1892) S3; Op. Atty.-Gen. (1891) 27.3. See also cose v. State, (1995) 141 N. Y. 396, 39 N. E. 400.

Collateral attack on grant. · The propriety or validity of a grant by the state of land under water cannot be attacked in an action for an injunction against the exercise of rights under the grant, but only in a suit to review the action of the commissioners of the land office or to set aside or amend the grant. People v. Steeplechase Piuk ('o., (1916) 219. N. Y. 159, 113 N. E. 521, modifying judgment 16.3 pp. Div. 231, 151 N. Y. S. 157; Saunders v. New York ('ent, etc., R. ('o., 1991) 141 N. Y. 75, 38 N. E. 992, 13 A. S. R. 729, 26 L. R. A. 378, moditying judgment 71 Hun 153, 23 N. Y. S. 927; New York (ent., etc.. R. ('. ". Wdridge (1992) 13.5 V. Y. S3, 32 V. E. 50), 17 L. R. A. 516; E. G. Blakstee lig. ('o. V. E. (1. Blakslee's Souls Iron Works, (1891) 129 X. Y. 155, 29 V. E. 2. affirming 59 Ilun 209, 13 X. Y. S. 193. See also People v. Mauran, (1919) 5 Denio 389.

Discretion of commissioners in making grants.--- In making grants of land under water the commissioners of the land office are clothed with discretionary powers and their determination in the exercise of this discretion is not review able. People v. Saxton, (1997) 15 App. Div. 263, 44. X. Y. S. 211, aflirmed (1897) 154 N. 1. 7s. 19 V. E. 1102.

Decision of commissioners as reviewable on certiorari.—\\'lile the commissioners of the land office may not be controlled in the exercise of their discretion upon the question as to whether it grant shall be made or not, their decision as to whether the applicant for the grant or another is the owner of the adjacent uplands, and so entitled to the grant, is reviewable on (ertiorari, since such decision is id judicial one, and must precede the making of the grant. People 1. Jones, ( ISSO) 112 1. 1. 597. 20 V. E. 577. See also People r. Woodruti', (1900) 57.1 pp. Div. 1, 66 N. Y. S. 209, appeal dismissed (1901) 166 N. \. 597, 59 V. E. 1129. Compare People v. Woodrufl, (1901) 64 App. Div. 239, 71 1. 9. S. 1014.

Right of review by one not aggrieved by grant.--- One who is in no way aggrieved by a decision of the commissioners of the land office in making a

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