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New York Environmental Conservation Law Section 9-0107 - Acceptance By Department Of Lands For Parks And For Silvicultural Research.

Legal Research Home > New York Lawyer > Environmental Conservation > New York Environmental Conservation Law Section 9-0107 - Acceptance By Department Of Lands For Parks And For Silvicultural Research.

  § 9-0107. Acceptance   by   department   of  lands  for  parks  and  for
              silvicultural research.
    Notwithstanding any other provisions of this article,  the  department
  is  hereby  authorized to accept, for the state, grants or deeds of gift
  of any lands, upon  approval  of  the  title  thereto  by  the  Attorney
  General, as follows:
    1.  a.  Lands, located in any county named in subdivision 2 of section
  9-0105, or in subdivision 6 of section 9-0101 of this article, which the
  department may deem suitable for park or reservation purposes. The grant
  or deed must recite that it is given for acceptance under the provisions
  of this subdivision of this section.
    b. Property so accepted shall forever be under the jurisdiction of the
  commissioner and  his  successors  in  office  and,  by  virtue  of  the
  acceptance  thereof,  shall  be irrevocably dedicated to be used for the
  purposes of a public  park  or  reservation  under  the  care,  custody,
  control  and management of the department and shall not become a part of
  the forest preserve. Such property shall  forever  remain  open  to  the
  public  for  the  enjoyment  of  the  scenic and natural beauties of the
  premises, and receive such improvement or development, by  the  erection
  of buildings, roads, highways, railroads and other structures, including
  the  improvement,  alteration  and  maintenance of the structures now on
  such premises as the legislature may from time to  time  determine.  The
  department  may, in its discretion, lease a part or all of such premises
  upon such terms and conditions as it may determine not inconsistent with
  the reasonable use of such premises by the  public,  provided  that  any
  such  lease shall first have been approved by the Attorney General as to
  form.
    2. a. Lands, located in any county named in subdivision 6  of  section
  9-0101  of  this article, which the department may deem suitable for use
  for the purposes of silvicultural research and  experimentation  in  the
  science  of forestry to the end that forest practices most beneficial to
  the economy of the state and the health,  welfare  and  comfort  of  the
  people  of  the  state may be ascertained and demonstrated. The grant or
  deed to the state of any such lands must recite that  it  is  given  for
  acceptance under the provisions of this subdivision of this section.
    b.  Property  so  accepted  shall  be  under  the  jurisdiction of the
  commissioner and his successors in office and, until otherwise  provided
  by   law,   shall  be  dedicated  for  use  only  for  the  purposes  of
  silvicultural research and experimentation in the science  of  forestry,
  including  purposes incidental thereto, under the care, custody, control
  and management of the department and its successors in office and  shall
  not  become  a  part of the forest preserve. Under such conditions as it
  may deem consistent with the purposes aforesaid, and upon such terms  as
  it  may  deem  to be for the best interests of the state, the department
  may sell trees, timber and other products on any such lands. All  trees,
  timber or other products to be sold shall be plainly marked or otherwise
  designated  prior  to cutting and no such material shall be removed from
  such land until paid for. No such material shall be sold  at  less  than
  the  fair market value in the county or counties in which it is located,
  which value shall be the value fixed by a department forester  or  other
  competent  appraiser  in  a  report  made  after  an  examination of the
  materials to be  sold,  provided  such  appraisal  is  approved  by  the
  department.  The department may sell any such materials at not less than
  the fair market value so fixed and  under  such  conditions  as  it  may
  prescribe,  provided,  however, that no sale of such materials appraised
  at five hundred dollars or more shall be made without public  notice  of
  sale,  and after receipt of sealed bids. The award shall be made only to
  the highest bidder. Such notice of sale and bids, the  awarding  of  the
  contract and the execution and filing of the contract shall otherwise be
  in  accordance  with  the procedure specified in sections 9-0501 through
  9-0505 of this article for the  sale  after  public  notice,  of  trees,
  timber,  and  other  forest  products on reforestation areas. All moneys
  received from any such sale shall be paid over to the State  Comptroller
  and  shall  be  deposited  by  him in the forest preserve expansion fund
  established by section 97-e of the State Finance Law.

Last modified: August 25, 2006