Page images
PDF
EPUB

PUBLIC LANDS LAW

CHAPTER 46 OF THE CONSOLIDATED LAWS

Article 1. Short title (S1).

2. Commissioners of land office (SS 2-22).
3. Unappropriated state lands ($$ 30–41).
4. Abandoneal canal lands and structures (SS 50, 59-a).
5. Escheated lands (SS 60-69).
6. Grants of lands under water (SS 75, 76).
7. Mines (SS0S).
8. Mineral springs (55.90–92).
9. State reservation at Niagara (SS 100-105).
10. Watkins Glen (S$ 110-117).
11. Newtown battleield reservation SS 120-127).
12. Construction; laws repealed; when to take effect
(SS 110-112).

[7]

[ocr errors][merged small][ocr errors][merged small]

SHORT TITLE Section 1. Short title.

§ 1. Short title. This chapter shall be known as the “ Public Lands Law.”

The original Public Lands Law was chapter 1l of the General Laws," being L. 1894, ch. 317.

This section was derived from the Public Lands Law of 1894, § 1, in part. The remainder of the section is covered by se 110.

Construction of chapter as affecting certain provisions of Railroad Law: see infra, § 140.

When chapter takes effect: see infra, § 142.

L. 1909, cha 50

Commissioners of Land Office

§ 2

ARTICLE 2

COMMISSIONERS of Led OFFICE
Section 2. Organization and procedure.

3. Powers and duties; leases.
4. Vesting of crown lands in the people of the state.
5. Letters patent, forin and contents; to be recorded in

the office of the secretary of state.
6. Refunding purchase money on failure of title.
7. Partition of lands held by the state in joint tenancy

or tenancy in common. 8. Trespasses upon state lands. 9. Penalty for trespasses. 10. Power to investigate before grant. 11. Power to confirm defective grant. 12. Certain patents and grants ratified. 13. Grants to heirs or devisees. 14. Time of performing conditions of grant. 15. Prohibitions as to grants in Lake George. 16. Reservation of Esopus island. 17. Trespasses upon lands other than the forest preserve. 18. Payment of costs of actions directed by commis

sioner's. 19. Payment of incumbrances on public lands. 20. Expenses chargeable to special funds. 21. Issessments for local improvements on state lands. 2.2. Grants of lands in Onondaga salt springs reservation

designated on certain map.

ness,

§ 2. Organization and procedure. Three members of the board of commissioners of the land office, including the state engineer, or in his absence a majority of the commissioners, shall constitute a quorun. The secretary of state shall convene the commissioners is often is necessary for the transaction of busi

The lieutenant-governor, or in his absence a chairman designated by the members present, shall preside at each meeting. The deputy secretary of state shall act as clerk, and enter the minutes of the proceedings in a book, to be provided for that purs pose, which with the papers and documents presented to the board, shall be kept in the secretary's office in proper order. The speaker of the assembly shall be paid all expenses necessarily incurred by him in the discharge of his oficial duties as commissioner of the land offices

This section was derived from the Public Lands Law of 1994, $ 2, and from L. 1803, ch. SS, § 10.

$$ 3,4

Commissioners of Land Office

L. 1909, cha 50

Who constitute commissioners of land office : see CONSTITUTION, art. 5, § 5. Quorum generally: see GENERAL CONSTRUCTION LAW, § 41.

Cited. This section was cited in New York Cent., etc., R. Co. v. Brockway Brick Co., (1899) 158 N. Y. 470, 53 N. E. 209, affirming 10 App. Div. 387, 41 N. Y. S. 762; People v. Saxton, (1897) 15 App. Div. 263, 44 N. Y. S. 211, affirmed (1897) 154 N. Y. 748, 49 N. E. 1102; Jackson v. Douglass, (1826) 5 Cow. 458.

$ 3. Powers and duties; leases. Such commissioners shall have the general care and superintendence of all state lands, the superintendence whereof is not vested in some officer or board.

The commissioners may, from time to time, lease for terms not exceeding one year, and until disposed of as required by law, all such state lands as have improvements upon them and which are not appropriated to any immediate use. Such leases shall contain proper covenants to guard against trespass and waste.

This section was derived from the Public Lands Law of 1894, $ 3.

Powers and duties of board and officers generally: see ('ONSTITUTION, art. 5, § 6.

Leases of agricultural lands limited: see CONSTITUTION, art, 1, § 13.

Lands of state constituting forest preserve not to be leased, sold or exchanged: see CONSTITUTIOy, art. 7. $ 7.

Collateral attack on validity of state lease: see Ann. ('as. 1912B 91 note.

Lease of lands acquired by state in escheat proceedings.- It has been ruled that under the present section the land commissioners have authority to lease lands acquired by the state in escheat proceedings. Op. Atty.-Gen. (1902) 378.

Lease of lands acquired under federal loan commissioners' mortgages.— It was held in Watkins v. Clough, (1907) 119 App. Div. 527, 103 N. Y. S. 270, that the commissioners of the land office, and not the federal loan commissioners, were clothed with statutory power to lease premises which had been acquired by the state upon the foreclosure of the loan commissioners' mortgages. This holding was followed in a ruling of the attorney-general in Op. Atty.-Gen. (1909) 930. See in this connection Op. Atty.-Gen. (1899) 401.

Duty of commissioners as to examination of title to lands deeded by state.

It has been ruled that it is not the duty of the land commissioners to examine sources of title to real estate deeded by the state to ascertain if rival claims exist, when such examination is not necessary to quiet title in the applicant against the state. Op. Atty.-Gen. (1896) 291.

Power of commissioners to appoint caretakers at Crown Point.-- It was ruled in Op. Atty.-Gen. (1910) 975, that the commissioners of the land office had the power to appoint as caretakers over the state lands at Crown Point such persons as agreed to perform services free of charge to the state, no appropriation having been made by the legislature for the use of the commissioners of the land office in compensating such caretakers for their services.

Power of commissioners to appoint custodian of Mount of Victory plat.It was ruled in Op. Atty.-Gen. (1910) 983, that the commissioners of the land office were vested with the general care and superintendence of the Mount of Victory plat in Cypress Hills ('emetery, set aside for the burial of deceased veterans of the War of 1812, and that the commissioners might appoint a custodian for the plat.

Cited.- This section was cited in Op. Atty.-Gen. (1909) 806, in connection with the question of the sale of stump timber, etc., on lands of Clinton prison. See PRISON LAW, $ 72. It was cited in Op. Alty-Gen. (1913) 467, in connection with the construction of section 43 of the Insanity Law.

§ 4. Vesting of crown lands in people of the state. The absolute property of all messages, lands, tenements and hereditaments, and of all rents, royalties, franchises, prerogatives, privileges, escheats, forfeitures, debts, dues, duties and services

L. 1909, cha 50

Commissioners of Land Office

§ 5

by whatsoever names respectively the same are called and known in the law, and all right and title to the same, which next and immediately before the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-six, did vest in, or belong, or was, or were due to the crown of Great Britain be, and the same and each and every of them hereby are declared to be, and ever since the said ninth day of July, in the year of our Lord one thousand seven hundred and seventy-six, to have been, and for ever after shall be vested in the people of this state, in whom the sovereignty and seigniory thereof, are and were united and vested, on and from the said ninth day of July, in the year of our Lord one thousand seven hundred and seventy-six.

This section was derived from L. 1779, ch. 25, § 11.
Section 4 of the Public Lands Law of 1894 is now covered by section 5.
State mines and private property in mines: see infra, &$ 80, $2.
Sovereignty in lands: see ('ONSTITUTION, art. 1, § 10.
Feudal tenures abolished: see ('ONSTITUTION, art. 1, § 11.
All lands within state to be allodial: see ('ONSTITUTIOX, art. 1, § 12.
Royal grants preserred: see ('ONSTITUTION, art. 1, $ 17.
Escheated lands: see infral, $ 60 et seq.; ('ONSTITUTION, art. 1, § 10.

Cited.— This section was cited in Fulton Light, etc., ('0. v. State, (1909) 65 Misc. 263, 121 N. 1. S. 536.

§ 5. Letters patent, form and contents; to be recorded in the office of the secretary of state. All letters patent shall be in such form as the commissioners direct, and contain an reption and reservation of all gold and silver mines. lll letters patent shall be recorded in a book or books to be kept for that purpose in the office of the secretary of state, and the record thereof in any such book or a copy of any letters patent duly certified by the secretary of state to be a copy of such record thereof, whether heretofore or hereafter recorded, shall be receive in evidence in any court in this state with the same force and effect is the original of such letters patent.

This section was derived from the Public Lands Law of 1994, § 4, as amended by L. 1896, ch. 517, § 1.

Section 5 of the Public Lands Law of 1894 is now covered by section 6.
Recording of letters potent: see REAL PROPERTY LIW$ 295.
Action to racate letters patont: see ('ode ('iv. Pro., Š 1957 et seq.
Documentary erilence generally: see code (iv. Pro., $ 921 et seq.

Reservation of gold and silver mines in grounds of lands wuer irater: see infra, § 75 note.

Execution of letters patent. It is within the power of the commissioners of the land oflice to change the form of letters patent and to authorize one of their number to execute or Subscribe the same. The consent or approval of the governor is no longer required to give validity to the letters patent. Op. Atty.-Gen. (1907) 635.

Waiver of conditions in letters patent. It was ruled in Op. Atty.-Gen. (1896) 293, that the board of land commissioners should not waive the performance of conditions contained in letters patent, but might acknowledge a compliance with said conditions.

Cited.- This section was cited in People r. Steeplechase Park ('0., (1916) 218 N. Y. 459, 113 X. E. 521, modifying judgment 101.7 App. Div. 231, 151 N. Y. S. 157. in commection with the subject of patents for lands imder water. See infra, § 75 note. It was oited in People v. Woodrul. (1901) 57 App. Div. 342, 68 N. Y. S. 100, in connection with the construction of section

« PreviousContinue »