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L. 1909, cha 50

Commissioners of Land Office

S$ 17, 18

sioners of the land office shall have the same powers to protect such island from trespass, as they have over other public lands.

This section was derived from the Public Lands Lall of 1894, § 15. Section 16 of the Public Lands Law of 1894 is now covered by section 17.

§ 17. Trespasses upon lands other than forest preserve. The commissioners of the land office may from time to time, appoint discreet agents to prosecute all trespassers upon lands belonging to the state, other than the forest preserve. Each agent shall give such reasonable security, from time to time, to the people of the state for the faithful execution of his trust, ils the commissioners require and approve. He may maintain actions and proceedings, in the name of the people of the state, against all trespassers upon such lands. The costs and expenses incurred by him in any such action or proceeding, together with such compensation for services as the commissioners deem just, shall be paid to him out of the treasury; but no allowance shall be made to him for any action or proceeding, in which the defendant succeeds, unless the commissioners are satisfied that there was reasonable cause for bringing the same.

This section was derived from the Public Lands Law of 1994, § 16. Section 17 of the Public Lands Law of 1894 is now covered by section 18. Trespasses upon stair lands: see supra, $ 8.

Intrusion and trespasse's on tribal lands: see INDIAN LAW, $$ 8, 11: PENAL LAW, § 1160.

Malicious injury to and destruction of property upon state lands: see PENAL LAW, $ 1425, subis. 1, 3.

Section as conflicting with section 62 of the Executive Law.— The present section is not in contlict with section 62 of the Executive Lall, which provides that the attorney-general shall prosecute and defend all actions in which the state is interested, and have charge and control of all the legal business of the departments and bureaus of the state. People v. Hyman, (1912) 136 V. Y. S. 115.

Effect of Forest Preserve Act of 1896.- 11 was rued in Op: Atty. Cien. (1897) 218, that chapter 114 of the Laws of 1896, giving to the board of fisheries, game and forests authority to bring actions to prevent trespass upon the forest preserve or upon "ally lands now owned by die state or u

which may hereafter be acquired by the state," should not be construed so as to deprive the commissioners of the land oflice of their jurisdiction over state lands outside of the forest preserve.

Federal loan commissioners as agents of land commissioners. It has been ruled that when a trespass is committed upon land acquired by the state on foreclosure of a mortgage made to the federal loan commissioners, it should be reported to the commissioners of the land office. who may in their discretion appoint the loan commissioners their agents to bring an action for damages and penalties for the trespass. Op. Anty-Gen. (1599) 144.

$ 18. Payment of costs of actions directed by commissioners. Whenever actions are brought by direction of the commissioners of the land office, pursuant to law, and the plaintiff's in such actions fail to recover therein, or the defendant is unable to pay the costs adjudged against him, the comptroller may audit and settle the amount of the taxable costs in such actions, and direct the payment thereof out of the treasury to the district attorneys or other persons entitled to the same.

$$ 19-21

Commissioners of Land Office

L. 1909, cha 50

This section was derived from the Public Lands Law of 1894, § 17.
Section 18 of the Public Lands Law of 1894 is now covered by section 19.
Costs and fees generally: see Code Civ. Pro., § 3228 et seq.
Costs against the state: see Code Civ. Pro., § 3241.

$ 19. [Payment of incumbrances on public lands.] The commissioners of the land office whenever they deem it for the best interests of the state may order the treasurer, on the warrant of the comptroller, to pay off and cancel any charges, assessments, or encumbrances existing on any lands 'belonging to the state or in which the state has an interest, or to acquire any outstanding undivided interest in such lands adverse to the title of the state, to perfect in the state a title to any such lands, or to protect the state's interests therein.

This section was derived from the Public Lands Law of 1894, § 18. It was amended to read as above by L. 1916, ch. 329, § 1. The amendment is shown in the footnote. The amending act by section 2, carried an appropriation of $5,000.

Section 19 of the Public Lands Law of 1894 is now covered by section 20. Escheated lands subject to trusts and incumbrances: see infra, § 68.

Power to discharge dower interests.--The commissioners of the land office have authority under the present section to discharge dower interests on lands acquired by the state on foreclosure of mortgages made to the federal loan commissioners. Op. Atty.-Gen. (1902) 363.

Application after sale of land by state.-- An application under the present section to discharge an incumbrance should be denied after the sale of the land by the state authorities to a party purchasing subject to the incumbrance. Op. Atty.-Gen. (1902) 410.

Cited. - This section was cited in People v. Woodruff, (1902) 75 App. Div. 90, 77 N. Y. S. 722.

§ 20. Expenses chargeable to special funds. All expenses of surveys, appraisements or other expenses attendant on the sale of any lands belonging to any of the special funds of the state, shall be chargeable on and paid out of the funds, respectively, to which such lands belong.

This section was derived from the Public Lands Law of 1894, $ 19. Section 20 of the Public Lands Law of 1894 is now covereil by section 21.

$ 21. Assessments for local improvements on state lands. A person, body or board authorized to assess lands for local improvements or purposes, shall serve on the comptroller of the state, at least three weeks prior to the confirmation of the same, a written notice of every assessment on state lands, showing the purpose for which the assessment is madle, the state lands assessed and the amounts for which they are assessed, and referring to the law authorizing the assessment, and no such assessment shall be legal unless such notice is duly served. No fee, interest, penalty or expense shall be added to or accrue on any such assessment against state lands, nor shall such lands be sold therefor;

1 Remainder of section substituted for “ bought in by the state on the foreclosure of mortgages, to perfect in the state a title to any such lands."

L. 1909, cha 50

Commissioners of Land Office

$ 22

but such assessments shall, if confirmed and uncontested, be paid and discharged out of any moneys appropriated therefor.

All sales of state lands for unpaid taxes or assessments for local improvements or purposes, and all sales of such lands by any municipal or village authority, whether the title thereto be derived from tax sale or otherwise, for unpaid taxes levied thereon, while such title vested in the state, are void. All assessments legally made on state lands, and all legal rents or charges thereon, shall be audited by the comptroller and paid out of the treasury.

This section was derived from the Public Lands Law of ]$94, $ 20. Exemption of state property from turation : see Tax Law, § 4, subd. 2. Exemption of reforested lands from turation : see CONSERVATION LAW, $ 57.

Local improvements” as inclusive of street cleaning. The term · local improvements as used in the present section does not include the ordinary expenses of a municipality of a transitory character, such as sprinkling and cleaning streets and removing show from the walks and streets. Op. Atty:Gen. (1900) 278; Op. Atty-lien. (1899) 150; Op. 4114.-Gen. (1597) 111. An assessment for street cleaning levied against property belonging to the state is, however, properly made where the city charter specifically makes street cleaning a local improvement and establishes assessment districts for the payment of the expenses thereof. Op. Atty.-Gen. (1904) 2399; Op. Atty.Gen. (1902) 214.

State islands in Lake George as assessable for highway and school purposes. - It was ruled in Op. Atty.-Gen. (1901) 232, that small islands in Lake George belonging to the state, and part of the forest preserve, were properly assessable for ordinary highway and school purposes.

State institution as chargeable for road construction.- A proper proportion of the expense of constructing a road under the Good Roads Law,' so-called (L. 1898, ch. 115) may be charged up against a state institution which is benefited by the road, or against the state as the owner thereof. Op. Atty.Gen. (1898) 208.

Assessment for paving and road construction along state canal.- The state is not liable to assessment for paving a street or constructing a road along the tow-path of a state canal.“ Op. Alty.-Gen. (1905) 252 ; Op. Atty-Gen. (1904) 222; Op. Atty.-Gen. (1899) 212.

Assessment against state cemetery.- Jocal issessment, on account of a sewer, cannot be legally levied against property used by the state as a cemetery. Op. Atty.-Gen. (ISIS) 171.

Assessments for improvements in front of state armory.-It has been ruled that the state is liable for idssessments for paving it street opposite i state armory and for erecting street lights and for tlushing the pavement in front of the armory, if the provisions of the statute relative to the assessments have been complied with. Op. Atty-Gen. (1913) 700; Op. Atty-Gen. (1996) 273. It appears to be otherwise, however, if such expenses are expressly made county charges. Op. Atty-Gen. 11900) 1:39: Op. Atty.len. (1896) 273. See in this connection Op. Ittv.-Gen. (1909) 278. See generally, as to armories, VIILITARY LAW, article 9.

Cited. This section "in ritel in Buffalo r. State'. (1906) 116 Apr. Div. 539, 101 N. Y. S. 595, atlirmed (1908) 191 N. Y. 531, SI N. E. 1110, in connection with the construction of section 6, article 7 of the state constitution. See CONSTITUTION, art. 7. Šo note. It was cited in Op. Atty-Gen. (1901) 724, in connection with the question of the liability of the state for later rents upon premises owned ly the people.

§ 22. Grants of lands in Onondaga salt springs reservation designated on certain map. All grants of lands made by the people of this state of any lands in the Onondaga salt springs reservation prior to March twenty-eighth, in the year eighteen hundred and forty-three, shall be deemed and considered as

§ 22

Commissioners of Land Ollice

L. 1909, cha 50

having been granted according to the designations upon the map of said reservation made by John Randel, junior, on file in the office of the state engineer and surveyor, and not as designated upon the map of said reservation made by said Randel, on file in the office of the secretary of state.

This section was derived from L. 1843, ch. 67, § 1.
Salt springs generally: see SALT SPRINGS LAW.

L. 1909, cha 50

Unappropriated State Lands

§ 30

ARTICLE 3

UNAPPROPRIATED STATE LANDS
Section 30. Unappropriated state lands defined.

31. Surveys by state engineer.
32. Maps.
33. Notice and place of sale of unappropriated state

lands.
34. Payment by purchaser; certificates of purchase.
35. Issue of patents.
36. Collection, forfeiture and cancellation of purchase-

money bonds.
37. Resale of lands.
38. Payment on resale.
39. Removal of occupants of land resold.
40. Application for grant under special law.
41. Right of action by holder of certificate.

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§ 30. Unappropriated state lands defined. The term propriated state lands," as used in this chapter, includes all state lands belonging to the common school fund; all escheated lands; all lands conveyed to the state for the benefit of the canal fund and not devoted in pursuance of law to any public use; all lands purchased by or for the state on the foreclosure of any mortgage given on the loan of any United States deposit funds or on any loan of money for the state; all state lands lying within the limits of any city or village not devoted to any public use; and all other lands belonging to this state which are not directed by law to be kept for or applied to any specific purpose, except lands under water the disposition of which is governed by article six of this chapter and except the lands the disposition of which is governed by the salt springs law and except abandoned canal lands the disposition of which is governed by article four of this chapter, and chapters eight hundred and ninety-three and eight hundred and winety-four of the laws of nineteen hundred and eleven.

This section was derived from the Public Lands Law of 1894, $ 30. It was amended to read as above by L. 1916, ch. 299, § 1. The amendment is shown in the footnote.

Abandoned cual lands: see infra, $$ 50, 51.
Escheated lands: ser infra, § 60 et seq.

Railroads through public lands: see RAILROAD LAW, § 18. Through forest lands: see ('OX SERVATION LAW, § ...). Through liom ws: see RAILROAD Law, $ 19.

Forest preserre and state parks: see ('ONSERVATION LAW, $ 62.

Lands in forest preserye not to be leased, sold or exchanged: see CONSTITUTION, art. 7, $ 7.

State canals not to be sold, leased or otheruise disposed of : see CONSTITUTION, art. 7, § 8.

1 Remainder of section new,

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